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Lawyer Says $12M Verdict Reasonable (against Progressive Insurance)
The Albuquerque Journal ^ | Sat, Oct 29, 2011 | Jeff Proctor

Posted on 10/29/2011 7:03:01 PM PDT by CedarDave

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To: COBOL2Java
Liebeck's attorneys argued that McDonald's coffee was "defective," claiming it was too hot and more likely to cause serious injury than coffee served at any other establishment.

I was living in ABQ at that time and I frequented the same McDonald's she had gone to. Their coffee is hot. The same as every McDonald's I have ever been to before or since and most other restaurants and convenience stores.

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.[10] Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.

I think I would jump out of the car and whip off my pants public place or not.

81 posted on 10/30/2011 10:29:14 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: moehoward
McDonalds hold temp was 185 +/- 5 degrees.

That is complete and utter BS. Water boils at about 115 degrees at 5,200 feet, the altitude in ABQ. At 185 the coffee would be at a rolling boil and a pot of coffee would evaporate entirely in about ten minutes at that temp. I went to the same mickey d's she did in the same year both before and after her incident and their coffee was not simmering much less boiling.

82 posted on 10/30/2011 10:37:59 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: moehoward

My bad water does not boil at 115. More like 215. Still, she was an idiot and the coffee there was/is no hotter than any restaurants.


83 posted on 10/30/2011 10:39:44 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: TigersEye
"Still, she was an idiot and the coffee there was/is no hotter than any restaurants."

Negative.

While optimum brew is at 200(ish), it's the (old) McDonalds corporate mandate "hold" temp of 180 +/-5 degrees that is at issue. During trial it was shown the majority of McDonalds competitors hold temp to be significantly lower, in-line with most home coffee makers, of around 140 degrees.

84 posted on 10/30/2011 11:15:01 AM PDT by moehoward
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To: moehoward

Thanks for the info.


85 posted on 10/30/2011 11:18:54 AM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: moehoward

I have never found that to be the case.


86 posted on 10/30/2011 11:20:52 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Scotsman will be Free

My pleasure.


87 posted on 10/30/2011 11:22:39 AM PDT by moehoward
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To: TigersEye

Of course YMMV.

Example. I have two coffee makers. The Cuisinart hold temp is noticeably higher than the Mr Coffee. Not dangerously so, higher none the less.


88 posted on 10/30/2011 11:29:30 AM PDT by moehoward
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To: moehoward

I haven’t checked the temp on my Mr. Coffee but if I drank the coffee immediately after pouring it it would scald my mouth and throat. In fact I put honey and creamer in, stir it around quite a bit, and still splash some cold water into it so I can take a sip, very carefully, right away.


89 posted on 10/30/2011 11:44:59 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: TigersEye
Interesting. A spokesman for Mr Coffee, when asked about this McDonalds case, had indicated complaints about temperature were that it was too low.

But your point about liquid transfer and mixing is completely valid. Each step lowers the temp.

90 posted on 10/30/2011 12:28:19 PM PDT by moehoward
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To: CedarDave

It’s called “Progressive”for crying out loud. It’s a commie company..


91 posted on 10/30/2011 3:56:27 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: lewislynn
Never mind Flo. I'm so sick of those 2 gay dicks (from the other ins. company} I could puke...In fact I'm also sick of every other person/character on TV or in movies being gay I could puke.

You and me both!

92 posted on 10/30/2011 4:04:38 PM PDT by NilesJo
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To: CedarDave

Leftist bast**ds. I dislike them and wont have anything to do with them.


93 posted on 10/30/2011 4:52:17 PM PDT by Chickensoup (In the 20th century 200 million people were killed by their own governments.)
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To: Terry Mross

You can change where you are from on FB. I changed to Iceland. No one markets to Iceland.


94 posted on 10/30/2011 4:59:18 PM PDT by Chickensoup (In the 20th century 200 million people were killed by their own governments.)
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To: moehoward

Just about every fast food restaurant that sells coffee to go has minimum temperatures that is checked by “Mr. X” at random times. At the chain my mom used to work for, the minimum temperature for the coffee was also 185*, and that was AFTER the customer had it in hand and was seated with his meal.

The only time the store would learn they were being visited by Mr. X was if one of the staff noticed the pocket thermometer. Otherwise, they only learned of it when the report came.

She was an idiot, and while I am saddened by her SELF_INDUCED injury, I still see absolutely no negligence on the part of the store that sold her something SHE KNEW WAS HOT!

Why didn’t she sue her grandson? After all, it could have been an unexpected jolt when he hit the brakes and stopped the car suddenly. I’m sure his insurance would have felt sorry for her too, just like the bleeding hearts on the jury (and here, evidently) did.


95 posted on 10/30/2011 6:46:13 PM PDT by Don W (You can forget what you do for a living when your knees are in the breeze.)
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To: Don W
"Why didn’t she sue her grandson? After all, it could have been an unexpected jolt when he hit the brakes and stopped the car suddenly"

Good Lord. This is what I'm talking about. Read the case before you continue. The car was parked.

96 posted on 10/30/2011 7:12:06 PM PDT by moehoward
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To: moehoward

So what if the car was stopped? The coffee was no longer in the posession of the restaurant, either, yet somehow they had to pay several thousand dollars in damages for something they sold and had given possession of over to the purchaser in a style that was then and still is considered normal business.

As I said, some folks let their emotions take over their alleged thought processes.

I was trying to show how absurd the whole lawsuit was.

“The car was parked”. Or so the plaintiffs claim...


97 posted on 10/30/2011 8:03:45 PM PDT by Don W (You can forget what you do for a living when your knees are in the breeze.)
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To: TigersEye

Unless Albuquerque is higher than Mount Everest, you’re full of hops:

The boiling point of water is 100 °C (212 °F) at standard pressure. On top of Mount Everest, at 8,848 m elevation, the pressure is about 260 mbar (26.39 kPa) and the boiling point of water is 69 °C. (156.2 °F). The boiling point decreases 1.8 °F every 285m (1000 ft) of elevation.

In plain English, the boiling point of water at 6000 ft is 201.2* F.

Therefore, a 185* cup of coffee is quite possible. Just ask McDonalds, A&W, Checkers, etc.


98 posted on 10/30/2011 8:14:58 PM PDT by Don W (You can forget what you do for a living when your knees are in the breeze.)
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To: Don W

I guess you didn’t see the very next post. FWIW water boils at 202.6 degrees at 5,200 ft (ave. altitude of ABQ) give or take a little depending on the barometric pressure.


99 posted on 10/30/2011 8:41:07 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: moehoward
The car was parked.

Even more reason to put the blame where it belongs. On the woman herself.

100 posted on 10/30/2011 8:47:36 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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