Stella Liebeck vs. McDonald’s

“The Coffee Case”

-how much do you really know ??-

1. When Stella Liebeck was burned, she was in the: A driver's seatB passenger seatC rear seat

1. When Stella Liebeck was burned, she was in the: A driver's seat***B passenger seatC rear seat

2. When the coffee spilled, the car was: A movingB parked C on the highway

2. When the coffee spilled, the car was: A moving***B parked C on the highway

3. The cup: A was being handed to her and was droppedB in her crotchC was between her knees

3. The cup: A was being handed to her and was droppedB in her crotch***C was between her knees

4. When the coffee spilled, Stella was: A squeezing her legs together while reaching for her egg mcmuffinB removing the lid to add cream and sugarC eating her breakfast

4. When the coffee spilled, Stella was: A squeezing her legs together while reaching for her egg mcmuffin***B removing the lid to add cream and sugarC eating her breakfast

5. Stella received burns to her:A inner thighsB perineumC buttocksD genitalia***E all the above

5. Stella received burns to her:A inner thighsB perineumC buttocksD genitalia***E all the above

6. These burns were: A 1st degreeB 2nd degree C 3rd degree D all the above

6. These burns were: A 1st degreeB 2nd degree C 3rd degree ***D all the above

7. Stella required: A 2 days in the hospitalB 5 days in the hospital C 8 days in the hospital and skin grafting surgery

7. Stella required: A 2 days in the hospitalB 5 days in the hospital ***C 8 days in the hospital and skin grafting surgery

8. (hint: your coffee at home comes out at about 135 degrees) The McDonald's quality assurance manager testified that the company actively enforced a requirement that its coffee be served between:A 140 to 150 degreesB 150 to 170 degreesC 180 to 190 degrees

8. (hint: your coffee at home comes out at about 135 degrees) The McDonald's quality assurance manager testified that the company actively enforced a requirement that its coffee be served between:A 140 to 150 degreesB 150 to 170 degrees***C 180 to 190 degrees

9. McDonald's quality assurance manager testified that the company knew that coffee served at the required temperature was not fit for consumption because it would burn the mouth and throatTrue or False ?

9. McDonald's quality assurance manager testified that the company knew that coffee served at the required temperature was not fit for consumption because it would burn the mouth and throat***True !!

10. According to the experts, coffee served at the temperature as required by McDonald's will cause full thickness burns to human skin in: A 2 to 7 secondsB 10 to 20 secondsC 30 to 60 seconds

10. According to the experts, coffee served at the temperature as required by McDonald's will cause full thickness burns to human skin in: ***A 2 to 7 secondsB 10 to 20 secondsC 30 to 60 seconds

11. Prior to Stella's burns, McDonald's had received *more* than this many coffee burn claims: A 100B 300 C 700

11. Prior to Stella's burns, McDonald's had received *more* than this many coffee burn claims: A 100B 300 ***C 700

12. Prior to filing her lawsuit, McDonald’s *rejected* Stella’s offer to settle all her claims, medical bills, injury and scarring, for the total amount of: A $20,000B $100,000C $500,000

12. Prior to filing her lawsuit, McDonald’s *rejected* Stella’s offer to settle all her claims, medical bills, injury and scarring, for the total amount of: ***A $20,000B $100,000

13. The jury evaluated Stella's *total* claim for compensatory damages for all of her medical bills, her injuries, and her scarring at: A $200,000 B $500,000 C $2,000,000

13. The jury evaluated Stella's *total* claim for compensatory damages for all of her medical bills, her injuries, and her scarring at: ***A $200,000 B $500,000 C $2,000,000

14. Based on the evidence and testimony, the jury also awarded punitive damages against McDonald's in the amount of: A $2,700,000B $4,300,000 C $10,000,000

14. Based on the evidence and testimony, the jury also awarded punitive damages against McDonald's in the amount of: ***A $2,700,000B $4,300,000 C $10,000,000

–which was later *reduced* by the court at McDonald’s request to:D $480,000E $1,500,000F $5,000,000

–which was later *reduced* by the court at McDonald’s request to:***D $480,000E $1,500,000F $5,000,000

15. As her percentage share of her own responsibility or fault for contributing to her own injury, the jury assessed fault against Stella in the amount of: A 0% her fault, 100% McDonald’s faultB 10% her fault, 90% McDonald’s fault C 20% her fault, 80% McDonald’s fault

15. As her percentage share of her own responsibility or fault for contributing to her own injury, the jury assessed fault against Stella in the amount of: A 0% her fault, 100% McDonald’s faultB 10% her fault, 90% McDonald’s fault ***C 20% her fault, 80% McDonald’s fault

Surprised?At what?

Your score, or the true facts?

Suggested Scoring, out of 16 possible correct

16: Congrats, you are very knowledgeable, you might have been on Stella’s trial team,or maybe even counsel for the defense, worked in McDonald’s corporate office, or youjust flat-out cheated

12-15: still very much in the know, and good recall of the truth without being swayed byembellished falsehoods

8-11: not too bad, better than half, or you used a coin toss....

4-7: watch out; those spinmeisters are earning their pay, and you prefer to believe theminstead of thinking independently and analytically.....

0-3: sorry, but either you never read past the headlines in the grocery store checkoutlane, or you are a “ditto-head” dyed-in-the-wool tort deform advocate, or both

Here’s the more surprising truth

No Surprise to McDonald’s

McDonald’s received claims on similar cases for 10 years, and quietly settled them, spending more than $500,000,to keep them out of court and did not change its policies regarding the coffee temperature

Unreasonable counteroffer

-Stella’s medical bills totaled more than $11,000,and McDonald’s responded to her $20,000 offer to settle with a counter offer of only $800

Unreasonable refusal

-McDonald’s had several other chances to settle the case before trial: At one point, Stella’s attorney offered to settle for $300,000. In addition, days before the trial, the judge ordered both sides into a mediated settlement conference where the mediator, a retired judge, recommended that McDonald’s settle for $225,000. McDonald’s refused all attempts to settle the case

Paltry penalty

-The punitive damages against McDonald’s equaled only about 2 days of McDonald’s coffee sales; similar to the average person paying a parking ticket

McDonald’s gets off easy

-After appeals, and after the court reduced the punitive award to only 3 times the damage award, or $480,000, for a total of $640,000, the claim was finally settled for a confidential sum believed to be a lesser amount

…And, keeps it out of the news

-As part of this settlement, McDonald’s demanded that no one could release the details of the case

What’s the GOOD news??

-Soon after the verdict, investigation revealed that the McDonald’s in the area where Stella was burned were serving coffee at an average temperature below 160 degrees !!!

The BAD news…

-It’s just too bad Stella, and hundreds of other people had to be senselessly injured, courts and juries tied up for weeks, months, and years, and millions of dollars spent on litigation before a big corporation would recognize that personal safety is always more important than profits

Yes, this “frivolous lawsuit” and many others just like ithave made a very positive difference

in making your lives, and those of your familymore safe in the long run

Thank you for listening and opening your minds……