But if we dig deeper, you might find some interesting facts about Mrs. Liebeck\'
ID: 328658 • Letter: B
Question
But if we dig deeper, you might find some interesting facts about Mrs. Liebeck's case. For example:
McDonald's served its coffee generally at 180-190 degrees Faherenheit.
During discovery, McDonald's had faced more than 700 claims by customers who had been burned by their coffee between 1982 and 1992.
Generally, most other establishments serve coffee at 135-140 degrees.
McDonald's quality assurance manager testified that burn hazards exist on any food substance served above 140 degrees.
Mrs. Liebeck required a vascular surgeon to repair her burns by skin graft over 6% of her body.
The trial court reduced the punitive damage award to $480,000.
Mrs. Liebeck initially offered to settle for $20,000 to cover her medical costs. McDonald's refused.
You can read more about this fascinating case here: Liebeck Case Summary (Links to an external site.)Links to an external site.
The questions to be discussed this week are as follows: Do you think McDonald's breached it's implied warranty when it sold Ms Liebeck her coffee? Do you think the trial court should have downwardly reduced the punitive damages award from $2.7M to $480K? Could there be any business justification for McDonald's to essentially ignore the 700 claims for hot coffee made between 1982-1992? Explain.
Explanation / Answer
The honor of corrective harms of 2.7 million dollars was unnecessary, as an issue of law. In like manner, another trial should be conceded on all issues unless Plaintiff acknowledges — by composed notice to the Court inside 25 days of the date of passage of this Order – a remittitur of the corrective harms grant as therefore coordinated by the Court. The remittitur, if acknowledged, should diminish the reformatory harms honor to $480,000, which speaks to the trebling of the $160,000 honor of compensatory harms." In so doing, Judge Scott remarked that the new correctional sum was advocated because of "'stubborn, wanton, foolhardy and what the court finds was hard" direct with respect to McDonald's.
3. McDonalds created reports demonstrating in excess of 700 claims by individuals copied by its espresso in the vicinity of 1982 and 1992. A few cases included severely charred areas generously like Liebeck's. This history reported McDonalds' information about the degree and nature of this risk.
McDonald's likewise said amid the revelation that, in light of an advisors guidance, it held its espresso at in the vicinity of 180 and 190 degrees Fahrenheit to keep up the ideal taste. He conceded that he had not assessed the wellbeing repercussions at this temperature. Different foundations offer espresso at generously bring down temperatures, and espresso served at home is for the most part 135 to 140 degrees.
Further, McDonalds' quality affirmation administrator affirmed that the organization effectively implements a prerequisite that espresso is held in the pot at 185 degrees, give or take five degrees. He additionally affirmed that a copy danger exists with any nourishment substance served at 140 degrees or above and that McDonalds espresso, at the temperature at which it was filled styrofoam glasses, was not fit for utilization since it would copy the mouth and throat. The quality confirmation supervisor conceded that copies would happen, however, affirmed that McDonalds had no expectation of diminishing the "holding temperature" of its espresso.
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