Woman Suing Dunkin' Donuts For $15Million After Spilling Hot Coffee

[matcom]

<snip>

A Staten Island woman who was badly burned after spilling scalding hot coffee on her lap is suing Dunkin' Donuts for a cool $15 million.
Sharon Shea, 60, suffered second- and third-degree burns after the cardboard tray she was holding in the passenger seat of a friend's car toppled and spilled over her left leg and ankles.

"I'm in so much pain - oh God! It's excruciating pain," said Shea from her bed in the intensive care burn unit of Staten Island University Hospital. "It's just excruciating pain that I wouldn't wish on anybody."

The coffee crisis happened Nov. 12 after Shea and a friend pulled out of a Forest Ave. Dunkin' Donuts drive-through and headed to a strip mall across the street. When the pal tried to park, lids on two cups came off, causing 200-degree java to spill and soak through her jeans, her lawyer said.

In a lawsuit filed yesterday in Staten Island Supreme Court, Shea says the lids weren't fastened when employees passed the cups through a drive-through window around 1:30 p.m.

"I thought I was dying - that's how bad it was," said Shea, a mother of two who lives in Dongan Hills. "All my skin was pulled back like a nylon stocking a lady takes off."

Now, doctors said Shea - who has already spent six days at Staten Island University Hospital - may have to undergo a skin graft.

The lawsuit is reminiscent of a 1992 case in which a New Mexico woman was awarded $2.9 million after spilling scalding hot coffee from McDonald's. That case drew jeers from around the world for what was considered the frivolity of the claim.

http://nydailynews.com/front/story/366930p-312147c.html

[miss_american_pie]

1. While I'm sorry the woman is hurt

Don't all coffee cups come with those moronic "coffee is hot" warnings now?

[underpants]

5. Before you get flamed---Sheila Liebeck

Fact #1 - For years McDonalds served their coffee up to 40 degrees hotter than other fast-food restaurants. In this way, they could get more coffee per pound of beans and increase their profits by a few cents per cup.

Fact #2 - McDonald's coffee was so hot that, if spilled, it could cause third degree burns, which would burn through skin and down to the muscle in less than three seconds.

Fact #3 - McDonald's has had over 700 previous claims related to serious burns from their coffee to their customers, many of whom had been injured in the genital area, inner thighs, and buttocks areas. Yet, McDonald's refused to lower the temperature of their coffee.

Fact #4 - The injured (burned) plaintiff in this case, 79 year old Stella Lieback, was not driving her car. She was seated as the passenger in her grandson's parked car, holding the coffee cup between her legs while removing the plastic lid. The cup tipped over and poured the scalding hot coffee into her lap causing third degree burns.

Fact #5 - Mrs. Lieback required eight days of hospitalization and multiple surgeries, including skin grafts as a result of being scalded by McDonald's coffee.

Fact #6 - Mrs. Lieback only took legal action against McDonald's after they refused to reimburse her for her medical expenses.

Fact #7 - The jury was so outraged at the arrogance and callousness of McDonald's that they awarded punitive damages, to punish McDonald's and to deter McDonald's from such conduct in the future. They awarded $2.7 million.

Fact #8 - The day after the verdict, McDonald's reduced the temperature of their coffee.

Fact #9 - The trial judge thought the verdict was too high and reduced the verdict to about $400,000 at McDonald's request. (This is one fact that the insurance lawyers and McDonald's corporate lawyers never mention.)

Now you've got the facts! The system works just fine. McDonald's got the message.

http://www.mrcranky.com/movies/universalsoldierthereturn/73.html

[StopTheMorans]

11. exactly, i'm sick of people flogging this case as an example of frivolous

lawsuits. thanks for the info, underpants :thumbsup:

[underpants]

19. Some more links

http://lawandhelp.com/q298-2.htm

http://www.mccroskeylaw.com/January97.pdf

http://multinationalmonitor.org/hyper/issues/1995/03/mm0395_09.html

[miss_american_pie]

21. I have no problem with the McDonald's case

And I'm sure there may be info missing from the article that was quoted in the OP.

I guess I just don't see the logic in putting hot beverages in one's lap, especially after the McDonald's case and in a moving car.

(Is this going to turn into a "kids in public" thread?)

:hide:

[Hugin]

25. What about BIG PLASTIC?!?!?

Everybody ignores the excesses of BIG PLASTIC!

For cryn' out loud!

[LostinVA]

30. Beat me to it -- people don't know the facts of this case

It was far from frivolous -- and McDonald's KNEW the coffee was dangerous! This woman was a true victim, but has for years been the butt of jokes, and has been called everything from stupid to a scam artist.

[zanne]

35. Thank you for this!

The American public swallowed the myth that this was a frivolous lawsuit brought by someone who wanted to make a quick buck. That myth is so entrenched that, the few times that I stated these facts to people who brought it up, they didn't believe me.

[Loonman]

2. $15 million?

What the...? Some shitass lawyer came up with that number.

[DS1]

3. 200 degrees?

Isn't that beyond boiling?

Besides, Dunkin Donuts coffee has never been hot enough. And third degree burns from a liquid that isn't grease?

[Left Is Write]

6. Boiling is 212 degrees.

So if the coffee was 200 degrees it was damn near boiling and far too hot a temperature to serve a beverage.

[GOPisEvil]

4. That last sentence pisses me off.

A case where judgement is awarded is, by defnition, not frivolous. If the case had no merit, it would have been dismissed, or judgement would have been in favor of the defendant.

As for the woman in this case, damn, no doubt she's suffered. But, if she can show negligence, she's got a pretty good case. If I were Dunkin Donuts, I'd settle quickly and quietly.

[Dont_Bogart_the_Pretzel]

7. well you hnow what they say...

DON'T DRINK AND DRIVE!

[GOPisEvil]

9. The victim wasn't driving.

Her friend was. :)

[Shell Beau]

8. $15 million? Way too excessive IMO!

[GOPisEvil]

10. How much is your skin worth?

;)

[Shell Beau]

12. $14 million!

:P

[DS1]

13. 13!!

I'll do it for 13 MILLION!

[Shell Beau]

16. I'll go all the way down to $1 million!!

:P

[DS1]

23. I've had 2nd degree burns on my knee and leg

1 million isn't enough for third degree burns on my balls.

You win.

[Shell Beau]

27. Well, as a female, I don't have that problem!

I have had a second degree sunburn before :o and I have had a second degree burn from an oven and some steam. I have never had 3rd degree burns, so I may regret it, but I'll take the chance. Pain doesn't last forever (well most of the time anyway)!! Of course, I am probably just talking out of my ass right now!! :P

[GOPisEvil]

15. Go retail: $13,999,999.99

It just doesn't seem as much as $14,000,000. :D

[Shell Beau]

17. You're right! That extra penny really gets people!

[underpants]

14. On a non payday Friday or on a payday Friday night?

:yoiks::hide:

[coffeenap]

18. How about hot chocolate, a drink kids often consume? Two weeks

ago a close friend of my 11 year old's received 2nd degree burns to her thighs and other parts when her McD hot chocolate overturned on her lap. She has been in a wheelchair since, but will be walking today. There is no excuse for scalding hot kids' beverages.

[Rabrrrrrr]

20. Oh, sure, she's complaining and *I* am the one who had to wait

an extra day for UPS to deliver my package. Talk about suffering.

[Shell Beau]

22. Really!! People really need to get their priorities straight!

And she thinks she suffered. x( Some people, I tell ya.

[Hugin]

28. I'm going off to sulk...

and listen to Barry White.

That always cheers me up.

[DS1]

24. At least you GOT yours!

The motherfuckers THREW my last package away!

[Hugin]

26. Awe, man... That had to hurt.

Do you need a grief counselor?

[underpants]

29. "High-Definition Pants"

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=105x4319086

[ET Awful]

31. The amount seems excessive, but I know one thing . . . Dunkin' Donuts

is lousy about putting lids all the way on the cups. If you don't push the lid on firmly as soon as they hand you the cup, there are pretty high odds it'll fly off if you apply the slightest bit of pressure to the sides of the cup.

[Mutley]

32. Last time I had Dunkin Donuts coffee it burned the hell out of my tongue.

I couldn't taste anything for days. That hurt like hell and it probably didn't even reach a first degree burn! Ouch!

[WeRQ4U]

33. Always amazes me how people are so Anti-big Biz until something like this.

And then they get their underoos in a bunch becasue someone is suing for 15 million bones. WTF? People, any company who's policy is THIS indifferent to the safety and well-being of it's customers (and employees) simply to make a buck deserves any and every punitive verdict levied against them.

At 400K, McD's got off easy last time.

And you can guarantee that even if the jury awarded 15 mill to this lady, the judge would reduce it.

In my opinion, this type of thing doesn't happen enough. The legal system and it's punitive damages awards are the ONLY way to keep corporations in check nowadays. Hell, we know Congress isn't going to do it.

[BigMcLargehuge]

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Four! Four paragraphs!!! (thunderclap) Muaha ha ha ha ha!!! (pipe organ note)


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Big McLargehuge
DU Moderator