who was lawyer who won case of mcdonalds vs old lady coffee

by Araceli Herman 3 min read

Reed Morgan

Full Answer

What was 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.

What happened to Stella Liebeck v McDonalds?

Liebeck v. McDonald’s. Stella Liebeck, the 79-year-old woman who was severely burned by McDonald’s coffee that she spilled in her lap in 1992, was unfairly held up as an example of frivolous litigation in the public eye. But the facts of the case tell a very different story.

What happened to the woman who sued McDonalds?

The True Story of The Woman Who Sued McDonald's Over Hot Coffee and Won $2.9 Million. Liebeck ordered coffee at a McDonald’s drive-through in Albuquerque, New Mexico in 1992. She spilled the coffee, was burned, and one year later, sued McDonald’s. But it seems that the real story of Stella Liebeck was distorted by the media.

What was the verdict in the McDonald's v McDonalds case?

McDonald's had refused several prior opportunities to settle for less than what the jury ultimately awarded. The jury damages included $160,000 to cover medical expenses and compensatory damages and $2.7 million in punitive damages. The trial judge reduced the final verdict to $640,000,...

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Who was the plaintiff in Liebeck v McDonald's?

Stella LiebeckFacts. Seventy-nine-year-old Stella Liebeck (plaintiff) went to a McDonald's Restaurants (defendant) drive-through with her grandson and ordered a cup of coffee. The coffee spilled in Liebeck's lap, causing severe third-degree burns over 16 percent of her body.

How much did the lady win in the McDonald's coffee?

They awarded her $200,000 in compensatory damages. But because she caused the spill, they reduced the amount to $160,000. The jurors then awarded her $2.7 million in punitive damages, which, they reasoned, was equivalent to about two days' worth of McDonald's coffee sales.

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. Liebeck's injuries would've been so severe.

What was the outcome of Liebeck v McDonald's?

The jurors awarded Liebeck $200,000 in compensatory damages for her pain, suffering, and medical costs, but those damages were reduced to $160,000 because they found her 20 percent responsible. They awarded $2.7 million in punitive damages. That amounted to about two days of revenue for McDonald's coffee sales.

What did Stella Liebeck sue for?

In 1992, 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald's drive-thru in Albuquerque and spilled it on her lap. She sued McDonald's and a jury awarded her nearly $3 million in punitive damages for the burns she suffered.

Who Sued McDonalds for making them fat?

In a lawsuit that's been kicking around the courts since 2002, lawyer Samuel Hirsch is suing McDonald's for making his teenage clients (now in their 20's) obese.

How much money did liebeck get?

The jury awarded Liebeck $200,000 in compensatory damages -- reduced to $160,000 because the jury found her 20 percent at fault -- and $2.7 million in punitive damages for McDonald's callous conduct. (To put this in perspective, McDonald's revenue from coffee sales alone is in excess of $1.3 million a day.)

Did liebeck become a millionaire?

Liebeck did not become a millionaire or anything close to it. Which is typical of such cases. "I have been an attorney for 20 years and I have received two awards for punitive damages in all that time," Morgan told me in a telephone interview yesterday.

What evidence of negligence did Ms Liebeck introduce against McDonald's at trial?

Liebeck's Case Under the first claim, Morgan argued that McDonald's was grossly negligent in serving coffee that was unreasonably dangerous. To prove negligence, one must show that a defendant breached a duty owed to the plaintiff and that breach caused the plaintiff damages.

Can you sue for coffee burns?

Hot coffee burn lawsuits demand compensation payouts for physical pain and suffering and psychological injuries. In cases with severe burns, there will be significant medical expenses that are claimed in the case.

How hot was the coffee that burned the McDonalds lady?

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.

Who is the attorney for the woman who got rich after spilling coffee?

But even after that, the myth of “the woman who got rich after abusing the court system over spilled coffee” persisted. Liebeck’s attorney Kenneth Wagner said Liebeck was concerned about the number of other people who had been burned by McDonald’s coffee—and that the number included children.

How much did McDonald's pay in punitive damages?

They awarded $2.7 million in punitive damages. That amounted to about two days of revenue for McDonald’s coffee sales. The trial judge reduced the punitive damages to $480,000, while noting that McDonald’s behavior had been “willful, wanton, and reckless.”. The parties later settled for a confidential amount.

How long does it take for coffee to burn?

At this temperature, spilled coffee causes third degree burns in less than three seconds. Other restaurants served coffee at 160 degrees, which takes twenty seconds to cause third degree burns. That is usually enough time to wipe away the coffee.

How did Stella Liebeck get burned?

Stella Liebeck, the 79-year-old woman who was severely burned by McDonald’s coffee that she spilled in her lap in 1992, was unfairly held up as an example of frivolous litigation in the public eye. But the facts of the case tell a very different story. The coffee that burned Stella Liebeck was dangerously hot—hot enough to cause third-degree burns, even through clothes, in three seconds. Liebeck endured third-degree burns over 16 percent of her body, including her inner thighs and genitals—the skin was burned away to the layers of muscle and fatty tissue. She had to be hospitalized for eight days, and she required skin grafts and other treatment. Her recovery lasted two years.

What happened to Liebeck's coffee cup?

While parked, Liebeck put the coffee cup between her knees and removed the lid to add cream and sugar, and she spilled it. She was wearing sweatpants, which held the scalding liquid against her skin.

How long did the Liebeck case last?

Her recovery lasted two years. Liebeck offered to settle the case for $20,000, but the company refused. McDonald’s offered Liebeck only $800—which did not even cover her medical expenses. When the case went to trial, the jurors saw graphic photos of Liebeck’s burns.

How long does it take to clean coffee after a third degree burn?

Coffee that other restaurants serve at 160 degrees can also cause third-degree burns, but it takes 20 seconds, which usually gives the person enough time to wipe away the coffee before that happens. “Our position was that the product was unreasonably dangerous, and the temperature should have been lower,” Wagner said.

How many cases of McDonald's customers were burned by coffee?

McDonald’s own documents showed that they were aware of over 700 cases where customers were badly burned by the coffee between 1982 to 1992. But it was cheaper to do nothing. At first, Ms. Liebeck and her family just wanted McDonald’s to cover her medical expenses in relation to this incident.

How much did McDonald's pay in punitive damages?

But because McDonald’s conduct was so reprehensible, they awarded $2.7 million dollars in punitive damages, which was eventually reduced by the judge to $480,000.00. To give you an idea, that’s less than McDonald’s makes from the sales of its coffee in a single day.

Why did the granddaughter stop drinking coffee?

After getting their food and a cup of coffee, her grandson stopped briefly so that she could add cream and sugar. She placed the coffee between her legs and in the process of taking the lid off, some coffee spilled onto her lap.

Did McDonald's refuse to settle the lawsuit?

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, but 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”.

What was the aftermath of the McDonald's hot coffee case?

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 eye, Stella Lieback was a greedy plaintiff who spilled warm coffee on her lap ...

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.

Why didn't Stella try to settle the case before filing a lawsuit?

Why didn’t Stella try to settle the case before filing a lawsuit? One of the common misconceptions about the McDonald’s hot coffee lawsuit is that Stella was eager to sue McDonald’s for millions of dollars. This couldn’t be further from the truth.

What is Stella's lawsuit?

Unable to settle, Stella filed a personal injury lawsuit in the U.S. District Court for the District of New Mexico alleging that McDonald’s was “grossly negligent” for selling coffee that was “unreasonably dangerous.”. Enjuris tip: A person or business acts with gross negligence if they act with a “reckless disregard for the safety of others.”.

What kind of burn did Stella have?

Stella suffered third-degree burns (the most serious and painful kind) on more than 16% of her body, including her inner thighs, genitals, and buttocks where the skin was burned down to the layers of muscle and fatty tissue. Enjuris tip: Learn more about burn injuries and burn injury lawsuits .

How much did Stella get in the case?

At the end of the trial, the jury awarded Stella $200,000 in compensatory damages (reduced to $160,000 because the jury found her 20% at fault) and $2.7 million in punitive damages (reduced to $480,000 by the judge). Both parties appealed and the lawsuit was ultimately settled for less than $600,000.

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 did Stella Liebeck ask McDonald's for?

Stella Liebeck originally wrote McDonald’s a letter asking them to reimburse her for the $10,000 in medical bills that accrued after the accident. McDonald’s offered Liebeck a mere $800, so she sued.

Who sued McDonald's in New Mexico?

The NYTimes put out a mini documentary as part of their ‘Retro Report’ video series, taking a closer look at the case of 79-year-old Stella Liebeck, who famously sued McDonald’s 20 years ago and was awarded 2.9 million dollars . Liebeck ordered coffee at a McDonald’s drive-through in Albuquerque, New Mexico in 1992.

How many people were burned by McDonald's coffee?

She tried to settle out of court, but McDonald’s refused . Lawyers produced documents that showed between 1983 and 1992, nearly 700 people claimed that they had been burned by hot coffee at McDonald’s. Finally, the video reveals that the 2.9 million dollars awarded to Liebeck was eventually lowered to about $500,000.

Where did Stella Liebeck get coffee?

Liebeck ordered coffee at a McDonald’s drive-through in Albuquerque, New Mexico in 1992. She spilled the coffee, was burned, and one year later, sued McDonald’s. But it seems that the real story of Stella Liebeck was distorted by the media.

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.

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.

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 long does it take for coffee to burn at 180 degrees?

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. That’s quicker than the amount of time it took you to read this sentence.

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.

Did Liebeck sue McDonald's?

The sad part about all this is that poor Liebeck wasn’t even trying to sue for millions of dollars but instead wanted only to be compensated for her medical bills. She offered to settle for $20,000, however, McDonald’s refused to settle and offered a mere $800.

What is the hot coffee case?

The ‘hot coffee case’ of 1994, concerning anAlbuquerque woman who was doused with unacceptably hot coffee, is now infamous. Law and philosophy students alike use it as a classic thought exercise. In this article, I attempt to analyse it similarly byaccomplishing two things. First, bycovering the facts of the case. Second, by discovering the extent to which the verdict was just or unjust by evaluating some of its key arguments. This article is less concerned with the controversy surrounding the case and more with the process of reasoning within, but will allude to the former where pertinent.

Who was Stella Liebeck?

Stella Liebeck, a 79 year-old widow, was sitting in her grandson’s car at a McDonald’s drive through ordering a meal. There were no cup holders in the car to accommodate for the hot beverages they had ordered, so her grandson parked his car right after receiving their meals.

Why did Liebeck sue McDonald's?

Why Liebeck decided to sue. When Liebeck’s medical bills topped $10,000, she contacted McDonald’s and asked to be reimbursed. “We couldn’t believe that this much damage could happen over spilled coffee,” Liebeck’s daughter, Judy Allen, said in Scalded by the Media, a 2013 documentary about the case. “We wrote a letter to McDonald’s asking them ...

How much did the jury award to the woman who spilled coffee?

But because she caused the spill, they reduced the amount to $160,000. The jurors then awarded her $2.7 million in punitive damages, which, they reasoned, was equivalent to about two days’ worth of McDonald’s coffee sales. The total was $2,735,000 more than Liebeck’s lawsuit had requested.

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.

How hot does McDonald's coffee get?

Here’s how to remove coffee stains. At the time, McDonald’s required its franchises to brew its coffee at 195 to 205 degrees and sell it at 180 to 190 degrees, far warmer than the coffee made by most home coffee-brewing machines.

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.

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, ...

Who was the woman who drove through McDonald's?

Myth: A middle-aged lady drove herself through the McDonald’s drive-through. She bought a cup of coffee, put it between her legs and drove off. While driving, the lid popped off and spilled coffee on her lap. Fact: Stella Liebeck, the so-called “McDonald’s lady,” was 79 years old at the time of this accident.

Why is McDonald's coffee not fit for consumption?

McDonald’s knew that their coffee was “not fit for consumption” at the temperature it was served because it caused third-degree burns within 3-7 seconds of contact with the skin. In the ten years prior to this accident they had 700 complaints of burns from their coffee, including complaints of burns to children and infants from accidental spills.

Why did Stella put her coffee between her knees?

Stella placed the coffee between her knees so she could use both hands to open the lid and add her sugar.

How much did Stella Liebeck get for her burns?

Stella Liebeck was awarded only $200,000 for her serious, third-degree burns, and then the judge reduced that award to $160,000. Even the punitive damages award, which resulted from exceptionally callous behavior on the part of McDonald’s, was reduced by the court to a number decidedly below $1 million.

How old was Stella Liebeck when she was in the McDonald's car?

Fact: Stella Liebeck, the so-called “McDonald’s lady,” was 79 years old at the time of this accident. She was a passenger in her grandson’s car. She ordered a cup of coffee at the drive-through and it was served to her in a Styrofoam cup. After their order was completed, her grandson pulled the car forward out of the drive-through lane ...

How much did McDonald's pay in punitive damages?

The jury then also awarded $2.7 million in punitive damages against McDonald’s because they knew their coffee was dangerously hot and they served it like that anyway because it “tasted better.”. The judge then reduced this award to $480,000. McDonald’s appealed and eventually the case settled for an undisclosed amount.

How much did Stella get paid for her injuries?

Fact: Stella offered to settle her case for $20,000, but McDonald’s refused her offer. Myth: She got a Million Dollars! Fact: The jury awarded Stella $200,000 for her injuries, which the judge reduced to $160,000 because Stella was 20% at fault for her accident.

What court did McDonald's appeal to?

McDonald's appealed the decision to the Federal Court, the highest court in Malaysia. In September 2009, the Federal Court upheld the Appeal Court's decision. McDonald's appeal was dismissed with costs, and the company was ordered to pay RM10,000 to McCurry.

What is the name of the restaurant that McDonald's sued?

In 2001, McDonald's sued a small restaurant named McCurry, a popular eatery serving Indian food in Jalan Ipoh, Kuala Lumpur, Malaysia. McDonald's claimed that the use of the "Mc" prefix infringed its trademark, while the defendant claimed that McCurry stood for Malaysian Chicken Curry .

Why is McDonald's not registering the name McBrat?

McDonald's claimed the McBrat name should not be registered because it was too similar to its McKids trade mark, since the word 'brat' is another term for 'kid'. McBratney argued that his family name had been used in Ireland since the 1600s, and that he had a right to use an abbreviation of that name.

How much did Bakshi bring to McDonald's?

Bakshi said he brought over ₹490 crore (US$83.62 million) worth of revenue for the American food chain. McDonald's sought to buy the 50% share in CPRL held by Bakshi and his wife for ₹120 crore (US$20.48 million), whereas Bakshi sought ₹1,800 crore (US$307.18 million) for the same.

How much did McDonald's pay the Kroffts?

McDonald's initially was ordered to pay $50,000. The case was later remanded as to damages, and McDonald's was ordered to pay the Kroffts more than $1 million. McDonaldland itself, as it was depicted in the commercials, was a magical place where plants, foods, and inanimate objects were living, speaking characters.

Why was McDonald's sued?

On 1 September 2020, McDonald's was sued by 50 black owners for racial discrimination. According to the lawsuit, McDonald's steered black franchisees to stores which had lower revenue and higher security expenses than stores in more affluent areas.

What was wrong with McDonald's in 1990?

In 1990, McDonald's took environmental campaigners Helen Steel and Dave Morris to court after they distributed leaflets entitled "What's Wrong with McDonald's?" on the streets of London. The high-profile trial, which came to be known as the McLibel Case, lasted nearly ten years, the longest in English legal history.

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