lawyer who won coffee mcdonalds nj

What do you know about the McDonald's hot coffee lawsuit?

Nov 04, 2021 · McDonald’s refused. After filing the lawsuit and prior to trial, the demand to resolve the case was $20,000.00. Not a small amount of money to be sure. However, it is not the millions of dollars you heard about. At trial, McDonald’s own witnesses admitted that the temperature they served coffee at was “ NOT SAFE FOR HUMAN CONSUMPTION ”.

How much did McDonald's charge for defective coffee?

The background of the McDonald’s hot coffee lawsuit; Stella Liebeck v. McDonald’s Restaurants lawsuit; The aftermath of the McDonald’s hot coffee case; The case of Stella Liebeck v. McDonald’s Restaurants—more commonly known as the McDonald’s hot coffee lawsuit—is often cited as a classic example of frivolous litigation in the United States. In much of the public’s …

Was McDonald’s ‘grossly negligent’ for selling unreasonably dangerous coffee?

Dec 20, 2016 · She offered to settle for $20,000, however, McDonald’s refused to settle and offered a mere $800. According to Liebeck’s attorney, S. Reed Morgan, McDonald’s was serving their coffee at 180 to 190 degrees Fahrenheit! If spilled, coffee at this temperature will cause third-degree burns within two to seven seconds.

What was the outcome of Liebeck v McDonald's restaurants?

Dec 03, 2018 · Stella Liebeck filed suit. Her lawsuit asked for $100,000 in compensatory damages (including for her pain and suffering) and triple punitive damages. These punitive damages were sought in order to send a message to McDonald's that their coffee was dangerously hot.

Who won the McDonald's hot coffee lawsuit?

But the jury's punitive damages award made headlines — upset by McDonald's unwillingness to correct a policy despite hundreds of people suffering injuries, they awarded Liebeck the equivalent of two days' worth of revenue from coffee sales for the restaurant chain.

How much did the McDonald's coffee lady get?

She received third-degree burns over 16 percent of her body, necessitating hospitalization for eight days, whirlpool treatment for debridement of her wounds, skin grafting, scarring, and disability for more than two years. Despite these extensive injuries, she offered to settle with McDonald's for $20,000.

Who was the plaintiff in Liebeck v McDonald's?

Stella LiebeckIn the 10 years before the case, more than 700 people who were scalded by coffee burns made claims against the company. But McDonald's never lowered the temperature of its coffee. The plaintiff in the case was 79-year old Stella Liebeck.Dec 3, 2018

How hot was the coffee in the McDonald's lawsuit?

between 180 to 190 degreesLiebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin. The coffee was heated to somewhere between 180 to 190 degrees. Thus begain the story of the infamous McDonald's hot coffee case.

What happened to the woman who sued McDonald's for hot coffee?

Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin. Liebeck was taken to the hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent.

Why did McDonald's keep coffee so hot?

The company knew the coffee was too hot In fact, according to CAOC, McDonald's was using an operator's manual that dictated the coffee be kept at a temperature between 180 and 190 degrees Fahrenheit.Oct 23, 2021

Who Sued McDonald's for making them fat?

Caesar Barber, 56, a maintenance worker who weighs about 270 pounds and stands 5-foot-10, claims McDonald's, Burger King, Wendy's and KFC jeopardized his health with their greasy, salty fare.Jan 7, 2006

Why did Ms Liebeck's lawyers believe that McDonald's was liable to Ms Liebeck?

In essence, the jury said that Mrs. Liebeck did carry some blame for her injuries because she held the coffee improperly. At the end of the day, if McDonald's served its coffee at a reasonable temperature, it would have been unlikely that Mrs.Sep 10, 2020

On what theory did Ms Liebeck's attorney base the lawsuit upon?

of negligence and of products liabilityLiebeck's attorney filed a lawsuit based on a theory of negligence and of products liability. Her attorney argued that the restaurant was negligent because it heated the coffee much higher than necessary and enough to where it could cause serious injuries.Feb 9, 2018

Why is McDonalds being sued?

McDonald's is being sued for $900 million by a company that created a product to fix the fast food chain's infamously broken ice cream machines. The start-up business, called Kytch, created a device to help troubleshoot the ice cream machines and sold it to 500 of McDonald's restaurants.Mar 7, 2022

Can you get 3rd degree burns from coffee?

One reason for serving coffee too hot to drink is that at 150º to 160ºF the oils in coffee give off aromas that contribute to the taste of coffee. However, hot coffee can cause a third degree burn; in 1 second at 156ºF , in 2 seconds at 149ºF, in 5 seconds at 140ºF, and in 15 seconds at 133ºF.Jul 14, 2013

Can you sue for hot coffee?

Whether you spilled a steaming hot cup of coffee at a restaurant or purchased it to consume at home, you may file a legal action for injuries if the cup was defective.Nov 12, 2019

When did Stella Liebeck buy McDonald's coffee?

On February 27, 1992 , Stella Liebeck, 79 years old, purchased a cup of McDonald’s coffee. While sitting in the passenger seat of her grandson’s parked car, she attempted to remove the lid in order to add cream while holding the coffee cup between her knees.

What is the hot coffee lawsuit?

McDonald’s Restaurants— more commonly known as the McDonald’s hot coffee lawsuit—is often cited as a classic example of frivolous litigation in the United States. In much of the public’s eye, Stella Lieback was a greedy plaintiff who spilled warm coffee on her lap while driving and decided to cash in by suing ...

How long does it take for coffee to burn?

Most other restaurants serve coffee at 160 degrees, which takes 20 seconds to cause third-degree burns (usually enough time to wipe away the coffee). Home coffee makers typically brew coffee at about 135-150 degrees.

What is the McDonald's coffee case?

McDonald’s Coffee Case – Know the Facts. One of the most famous lawsuits in recent history is the case of Liebeck v. McDonald’s. You may remember this case as the woman who spilled McDonald’s coffee, sued, and got millions of dollars out of it. However, that is the story mass media wanted you to hear.

Why is McDonald's coffee not fit for consumption?

McDonald’s finally admitted that its coffee was not “fit for consumption” because of the severe risks. The jury awarded Liebeck $200,000 in compensatory damages and $2.7 million in punitive damages for McDonald’s callous conduct. A month after the trial, the judge reduced the jury’s punitive damages award to $640,000.

How old was Stella Liebeck when she went to McDonald's?

Actually, Mrs. Stella Liebeck, a 79-year-old woman, had gone to a McDonald’s with her grandson, who was driving. After purchasing a cup of coffee, as the car stopped, Liebeck tried to hold the cup securely between her knees while removing the lid.

How hot is McDonald's coffee?

According to Liebeck’s attorney, S. Reed Morgan, McDonald’s was serving their coffee at 180 to 190 degrees Fahrenheit! If spilled, coffee at this temperature will cause third-degree burns within two to seven seconds.

How long does it take for coffee to burn?

If spilled, coffee at this temperature will cause third-degree burns within two to seven seconds. That’s quicker than the amount of time it took you to read this sentence. According to the Center for Disease Control (CDC), third Degree burns destroy both the epidermis and the dermis to where the skin cannot regenerate.

Who was Stella Liebeck?

What had actually happened was far different than what news outlets and late night TV hosts were saying. Actually, Mrs. Stella Liebeck, a 79-year-old woman, had gone to a McDonald’s with her grandson, who was driving.

What happened to the woman who spilled coffee at McDonald's?

Other people have reported similar injuries after spilling McDonald's coffee. In September 1997, a seventy-three year old woman suffered first and second degree burns when a cup of McDonald's coffee spilled on her lap. At the time, McDonald's still kept its coffee at 180 degrees Fahrenheit.

How hot is McDonald's coffee?

McDonald 's coffee was served at a temperature between 180 and 190 degrees Fahrenheit. McDonald's had long known that this was 20 to 30 degrees hotter than the coffee served at most other restaurants; in fact, this temperature range was indicated in its operations manual. In the 10 years before the case, more than 700 people who were scalded by ...

What happened to Stella Liebeck?

Stella Liebeck was badly injured. All she remembered was the pain.

Did McDonald's raise compensation offer?

McDonald's refused to raise its compensation offer above $800. Stella Liebeck filed suit. Her lawsuit asked for $100,000 in compensatory damages (including for her pain and suffering) and triple punitive damages. These punitive damages were sought in order to send a message to McDonald's that their coffee was dangerously hot.

Does McDonald's lower the temperature of coffee?

In the 10 years before the case, more than 700 people who were scalded by coffee burns made claims against the company. But McDonald's never lowered the temperature of its coffee.

How many complaints did McDonald's get?

McDonald’s had received more than 700 complaints about burns from hot beverages over the previous ten-year period. The defense countered that the number of complaints was statistically insignificant, given the billions of cups of McDonald’s coffee sold annually. Their point seemed to turn off jurors.

What happened to the elderly woman who spilled coffee on her lap?

An elderly woman is burned when she spills a cup of hot coffee on her lap. She sues her way to a $2.7 million jury-awarded jackpot. The next burn comes from the media, and her life is changed forever.

Who was Stella Liebeck?

On February 27, 1992, Stella Liebeck, a 79-year-old widow, was in the passenger seat of her grandson’s Ford Probe ordering a Value Meal at the drive-through window of an Albuquerque, New Mexico, McDonald’s. Since there were no cup holders in the Probe and the interior surfaces were sloped, her grandson, Christopher Tiano, ...

How hot is McDonald's coffee?

At the time of the McDonald’s hot coffee lawsuit, McDonald’s coffee was served at approximately 185° – almost 30° hotter than necessary to cause a serious burn in one second.

What are the facts about McDonald's?

John Stossel and most other reporters frequently reran the McDonald’s Coffee Case story but have never reported the fact that: 1 Liebeck was a passenger; 2 Liebeck’s car was stopped, not moving; and 3 The verdict was substantially reduced; 4 The verdict was settled for less than the reduced amount.

How long does it take for a liquid to burn?

Plaintiff’s expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness (third-degree burns) burn to human skin in two to seven seconds.

Who is the defendant in the McDonald's lawsuit?

James Byrd, Jr. and Darrell Byrd Versus McDonald’s. One of the most recent major class-action lawsuits against the fast-food giant was filed by The Ferraro Law Firm on Monday, August 31, 2020. The lawsuit, which was filed on behalf of 77 former black McDonald’s franchisees, alleges racial discrimination. According to the complaints of the ...

Why did McDonald's drop the lawsuit?

In 2019, McDonald’s reportedly argued that it should be dropped from the lawsuit because “it is removed from the day-to-day operations of a franchisee.”. However, Walker’s attorney argues that because McDonald’s exerts such control over its franchisees and their employees, they should be liable for the incident.

What happened to Stella Liebeck?

Perhaps one of the most famous personal injury lawsuits, Liebeck versus McDonald’s involves Stella Liebeck, a 79-year-old woman who spilled 190°F McDonald’s coffee into her lap. According to the American Museum of Tort Law, Liebeck suffered third-degree burns on over 16 percent of her body including her inner thighs and genitals.

How much did McDonald's pay in 2020?

Finally, in 2020, McDonald’s agreed to pay $26 million to settle the years-long class-action lawsuit. The settlement includes compensation for back wages, unpaid overtime, meal and rest breaks, and more.

When did McDonald's start?

Ever since the fast-food giant’s founding in 1940, McDonald’s has faced numerous lawsuits and class actions from injured consumers, accessibility activists, laborers from the farms where McDonald’s sources its ingredients, franchisees who faced discrimination, and many others.

Where did Trevor Walker go to order food?

In 2016, Trevor Walker visited a McDonald’s in Utah to order food for himself and his family. While sipping on his Diet Coke, he began to lose sensation in his fingers, arms, and legs. He texted his wife, panicking about the sensations in his arm.

Did McDonald's pay overtime?

In 2013, Maria Sanchez and other McDonald’s workers filed a lawsuit against McDonald’s locations in California claiming that, as early as 2009, McDonald’s failed to pay overtime wages to employees who worked more than eight hours in a 24-hour period.

Who was responsible for the McDonald's coffee cup accident?

Applying the principles of comparative negligence, the jury found that McDonald's was 80% responsible for the incident and Liebeck was 20% at fault. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient.

How much did Liebeck settle for McDonald's?

Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her daughter's loss of income was approximately $5,000 for a total of approximately $18,000.

What was the name of the lawsuit that was a flashpoint in the debate in the United States over tort reform?

Liebeck v. McDonald's Restaurants, also known as the McDonald's coffee case and the hot coffee lawsuit, was a 1994 product liability lawsuit that became a flashpoint in the debate in the United States over tort reform. Although a New Mexico civil jury awarded $2.86 million to plaintiff Stella Liebeck, a 79-year-old woman who suffered third-degree ...

Where did Stella Liebeck get her coffee?

On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-cent cup of coffee from the drive-through window of a local McDonald's restaurant located at 5001 Gibson Boulevard Southeast . Liebeck was in the passenger's seat of a 1989 Ford Probe which did not have cup holders. Her grandson parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap. Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.

What temperature should coffee be served at?

Scott. During the case, Liebeck's attorneys discovered that McDonald's required franchisees to hold coffee at 180–190 °F (82–88 °C). Liebeck's attorney argued that coffee should never be served hotter than 140 °F (60 °C), and that a number of other establishments served coffee at a substantially lower temperature than McDonald's. They presented evidence that coffee they had tested all over the city was all served at a temperature at least 20°F (11°C) lower than what McDonald's served. Liebeck's lawyers also presented the jury with expert testimony that 190 °F (88 °C) coffee may produce third-degree burns (where skin grafting is necessary) in about 3 seconds and 180 °F (82 °C) coffee may produce such burns in about 12 to 15 seconds. Lowering the temperature to 160 °F (71 °C) would increase the time for the coffee to produce such a burn to 20 seconds. Liebeck's attorneys argued that these extra seconds could provide adequate time to remove the coffee from exposed skin, thereby preventing many burns. McDonald's claimed that the reason for serving such hot coffee in its drive-through windows was that those who purchased the coffee typically were commuters who wanted to drive a distance with the coffee; the high initial temperature would keep the coffee hot during the trip. However, it came to light that McDonald's had done research which indicated that customers intend to consume the coffee immediately while driving.

What is the temperature of McDonald's coffee?

Since Liebeck, McDonald's has not reduced the service temperature of its coffee. McDonald's current policy is to serve coffee at 176–194 °F (80–90 °C), relying on more sternly worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee.

What is the hot coffee movie about?

On June 27, 2011, HBO premiered a documentary about tort reform problems titled Hot Coffee. A large portion of the film covered Liebeck's lawsuit. This included news clips, comments from celebrities and politicians about the case, as well as myths and misconceptions, including how many people thought she was driving when the incident occurred and thought that she suffered only minor superficial burns. The film also discussed in great depth how Liebeck v. McDonald's Restaurants is often used and misused to describe a frivolous lawsuit and referenced in conjunction with tort reform efforts. It contends that corporations have spent millions promoting misconceptions of tort cases in order to promote tort reform. In reality, the majority of damages in the case were punitive due to McDonald's' reckless disregard for the number of burn victims prior to Liebeck.

The Facts of The Case

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Why Liebeck Decided to Sue

What Came Out in Court

How The Public reacted to The Verdict

The Final Outcome