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Cal graduate sues In-N-Out over spilled coffee
San Francisco Chronicle ^ | May 23, 2014 | by Peter Fimrite

Posted on 05/23/2014 3:57:26 PM PDT by Oldeconomybuyer

A UC Berkeley graduate who was severely burned after spilling hot coffee on her lap filed a lawsuit Thursday against In-N-Out Burger claiming employees in Oakland refused to call an ambulance.

Hedy Chen claims employees at the drive-through restaurant ignored her screams and repeated requests to call 911. Instead, she was given a pack of ice, which can exacerbate scarring, according to the suit filed in Alameda County Superior Court.

"What they were supposed to do was call 911 because the operators know that" ice is bad, said Kirk Boyd, her lawyer. "They said there is a policy of not calling 911. That policy violates their duty of care to customers."

(Excerpt) Read more at sfgate.com ...


TOPICS: Culture/Society; News/Current Events; US: California
KEYWORDS: coffee; innout; lawyers; legal
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1 posted on 05/23/2014 3:57:27 PM PDT by Oldeconomybuyer
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To: Oldeconomybuyer
Berzerkly Grad too stupid to drink coffee without spilling it all over herself.
2 posted on 05/23/2014 4:04:34 PM PDT by hinckley buzzard
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To: Oldeconomybuyer

The company is going to lose that lawsuit over the policy of not calling 911. The minute a company REFUSES to call 911 when a persons asks for that, the company becomes FULLY RESPONSIBLE for the outcome!


3 posted on 05/23/2014 4:04:57 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Star Traveler

I would consider this an abuse of 911, but you are probably right.


4 posted on 05/23/2014 4:07:15 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: hinckley buzzard

People may do all sorts of stupid things — but what is the MOST STUPID is a company not calling 911 when a customer asks for it - thereby “unilaterally determining” that the customer doesn’t need it.

That’s going to be a very, very costly mistake for the company.


5 posted on 05/23/2014 4:08:34 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Star Traveler

911 and the number of your Atty on speed dial!


6 posted on 05/23/2014 4:11:12 PM PDT by DocJhn
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To: Oldeconomybuyer

I think she’s making much ado about a simple accident. She may have something worth a settlement, because First Aid was not offered to her though. I like the In and Out Burger a lot. I haven’t figured out what they do to their vegetables to make them smell so, so SO fresh.

The facility is always clean, inside and out. The young staff looks to have showered and shaved recently, and are polite without being comatose. I like that they give the local teens some work to do close to their homes. The minor downside is their fries; no flavor, ‘very nothing’. I ate some of the fries, I had to look down, thinking I might have put a paper napkin in my mouth by accident.


7 posted on 05/23/2014 4:11:20 PM PDT by lee martell
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To: Oldeconomybuyer

Gee, that’s a good looking burger.
Wish we had these here in the south.


8 posted on 05/23/2014 4:11:22 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: DonaldC

If someone spends “three days at the Bothin Burn Center at Saint Francis Memorial Hospital in San Francisco,” — as a result of a 911 call — it is not an abuse of 911.


9 posted on 05/23/2014 4:12:11 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Oldeconomybuyer
and this college cow didn't call on her phone because??? or was it already on the phone to it's lawyer?
10 posted on 05/23/2014 4:13:15 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: Star Traveler

Maybe it was one of those flaming coffee drinks rather than just hot coffee then.


11 posted on 05/23/2014 4:13:29 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: lee martell

If she was making a “big deal out of nothing” the doctors and admitting staff wouldn’t have had her spend “three days at the Bothin Burn Center at Saint Francis Memorial Hospital in San Francisco.”


12 posted on 05/23/2014 4:15:12 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Oldeconomybuyer

Maybe the INO staff can’t speak English?

We all know that requiring them to speak English is RAAAAAYCYST!


13 posted on 05/23/2014 4:19:01 PM PDT by Darteaus94025 (Can't have a Liberal without a Lie)
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To: Darteaus94025

They knew enough English to tell her to move her car out of the way. And they knew enough English to tell her it was against company policy to call 911, while she was screaming ... LOL ...


14 posted on 05/23/2014 4:21:08 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: tet68

Having had both In-and-Out Burgers in Nevada and What a Burgers in Texas, they are both very good, about the same in taste and quality. Sonic Burgers (which we don’t have here in the West) are also very good.


15 posted on 05/23/2014 4:22:19 PM PDT by Inyo-Mono (NRA)
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To: Star Traveler

“If she was making a “big deal out of nothing”
___________________________________________________
We can pretty well guess where that coffee landed in her lap...ouch...Maybe she was scantily clothed.


16 posted on 05/23/2014 4:27:14 PM PDT by AlexW
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To: Inyo-Mono

Whataburger and sonic are both good.
Sonic had a habenero burger that was killer.
Five guys is prettty good and they give you lots of
fries.

I will gladly pay you Tuesday for a hamburger today...


17 posted on 05/23/2014 4:27:27 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Star Traveler
The company is going to lose that lawsuit over the policy of not calling 911. The minute a company REFUSES to call 911 when a persons asks for that, the company becomes FULLY RESPONSIBLE for the outcome!

And here's another thing - it was never, ever the policy of the company not to call 911. What happened is what always happens anymore with any company - the moment they want to screw someone over, they claim it's a "policy." That way they figure you can't get at them personally, have to sue, and will just take whatever crap they're dishing out. People are generally as rotten as they can get away with being, and this is one of the ways they get away with a LOT of rottenness.

Of course, the company will now say that it was never the polic of the company not to call 911, and try to blame it on the employee or manager in their own recognizance. And then the plaintiffs lawyer will say that it was the company's responsibility not to create a work environment that enabled such deadly, horrible, traumatic and injurious lying. And then the employee or manager's lawyer will sue the company for not making the policies clear, or denying that actual policies are policies, etc.

Cluster****.

18 posted on 05/23/2014 4:28:23 PM PDT by Talisker (One who commands, must obey.)
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To: tet68
Wish we had these here in the south.

Yes, but you have Whataburger and Waffle House, and we don't. Closest are almost 300 miles away...sniff.

19 posted on 05/23/2014 4:28:41 PM PDT by twister881
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To: Oldeconomybuyer

Did the lid pop off as it being handed to her? Did she put it between her legs to hold it as she drove off? Did she do something stupid?


20 posted on 05/23/2014 4:29:17 PM PDT by SkyDancer (I Believe In The Law Until It Intereferes With Justice. And Pay Your Liberty Tax Citizen.)
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To: tet68

I’m getting hungry!


21 posted on 05/23/2014 4:29:31 PM PDT by Inyo-Mono (NRA)
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To: Inyo-Mono

A great hamburger is a jewel to be treasured.


22 posted on 05/23/2014 4:31:17 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Talisker

If an employee wrongly says it’s the company’s policy to not call 911, and then refuses to do it — the company is going to be fully responsible for what that employee did.


23 posted on 05/23/2014 4:33:13 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: SkyDancer

They gave it to her “too hot to handle” — and thus she could not hold onto it.


24 posted on 05/23/2014 4:34:23 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Star Traveler

I don’t believe they will lose. The grad spilled the coffee. And it’s not about temperature. I’d laugh if we found out she was on her phone (not using headphone)and was trying to juggle stuff.


25 posted on 05/23/2014 4:34:38 PM PDT by Sacajaweau
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To: AlexW

She was wearing shorts. The worker refused to call 911 and told her to move her car out of the way. I’m guessing that she will win this suit.


26 posted on 05/23/2014 4:35:43 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Sacajaweau

They gave it to her “too hot to handle” and thus she could not hold onto it.

But aside from what she did or did not do, anytime a company (and employees) refuse to call 911 when requested by a customer (or any person), then it’s going to go very, very bad for the company.


27 posted on 05/23/2014 4:38:46 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Oldeconomybuyer

Don’t think it will fly because she was the only one who couldn’t hold unto her coffee. I’m still better she was on her phone and trying to juggle.


28 posted on 05/23/2014 4:38:47 PM PDT by Sacajaweau
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To: Oldeconomybuyer

the name “In and Out Burger” always gives me an unwanted visual


29 posted on 05/23/2014 4:41:13 PM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: Star Traveler

http://www.buzzle.com/articles/second-degree-burn-treatment.html


30 posted on 05/23/2014 4:41:41 PM PDT by Sacajaweau
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To: Sacajaweau

Let’s say it had nothing to do with coffee, but a person was having a heart attack (just for sake of “illustration”). You see, the issue of the coffee may be a secondary issue - but the primary issue is not calling 911 when a customer is asking for it - and in her case, actually SCREAMING IN PAIN asking for it.

That’s what is going to go very, very bad for the company.


31 posted on 05/23/2014 4:42:56 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: trisham
A bazillion people have had 2nd degree burns. They didn't call 911 and didn't take up residence in a burn unit.

I'm almost inclined to think this is a scam.

Anyone remember screaming and saying call 911....I spilled my coffee.

32 posted on 05/23/2014 4:43:52 PM PDT by Sacajaweau
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To: Sacajaweau

You may be right, but she’s still likely to win.


33 posted on 05/23/2014 4:45:17 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Sacajaweau

Any time you’re admitted into a hospital by doctors and admitting staff and spend “three days at the Bothin Burn Center at Saint Francis Memorial Hospital in San Francisco,” — you’ve got a real serious issue with the company refusing to call 911. That’s what is going to “do the company in” ... with a jury.


34 posted on 05/23/2014 4:46:04 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Sacajaweau

A person can’t get admitted and can’t “take up residence” in a burn center UNLESS the doctors and admitting staff think it’s justified. If you go to an emergency room and they don’t think they need to keep you ... they’ll simply treat you and release you. And that’s going to be the “end of the story” for that hospital. A patient simply does NOT admit themselves ... :-) ...


35 posted on 05/23/2014 4:49:11 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Oldeconomybuyer

Perfectly illustrates why Stanford folks call Cal students “weenies.”

They are.


36 posted on 05/23/2014 4:50:47 PM PDT by pogo101
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To: Oldeconomybuyer

I think its about time to say if someone wants hot coffee from an establishment, they need to get off their butt and go in and get it.


37 posted on 05/23/2014 4:53:32 PM PDT by vetvetdoug
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To: trisham

http://archive.dailycal.org/article.php?id=112899


38 posted on 05/23/2014 4:56:45 PM PDT by Sacajaweau
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To: Oldeconomybuyer

I hope she loses and it costs her tons of money.


39 posted on 05/23/2014 4:57:27 PM PDT by rockrr (Everything is different now...)
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To: lee martell
I haven’t figured out what they do to their vegetables to make them smell so, so SO fresh.

You mean the potato? They take whole Russet potatoes and put them through a machine that looks like the old fashioned ringer washers (They buy them from the Navy at salvage). It's filled with a sort of sand, and it scrubs the potatoes. Then they get sliced on an as-needed basis and thrown in the fryer. The potatoes are the size of footballs, by the way. I've never seen anything so big come out of the ground. As home school families, we did a tour. And they fed us.

40 posted on 05/23/2014 4:59:40 PM PDT by Excellence (Marine mom since April 11, 2014)
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To: Sacajaweau

Interesting. Good work.


41 posted on 05/23/2014 5:01:01 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: rockrr

Actually, I hope the company loses and it costs them plenty of money in the process.

Any company that thinks they or their employees can unilaterally decide when and when not to call 911 on behalf of a customer, when the customer says they need it — NEEDS TO BE PUT OUT OF BUSINESS!


42 posted on 05/23/2014 5:05:59 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: Oldeconomybuyer

Love their burgers and have always found the help there to be outstanding.


43 posted on 05/23/2014 5:06:00 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Excellence

I don’t want to go too far off topic, but your comment about Home Schooling caught my eye. Is there a school district approved curriculum that home schooling parents go by? I just wonder how you can be sure your child’s grade achievements will be recognized as from an accredited source? I have no kids. God did not chose me (yet) to become a Dad, but I admire parents who are ready and willing to home school their children. Are there ‘get togethers’ with other aged children here and there?


44 posted on 05/23/2014 5:07:58 PM PDT by lee martell
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To: DonaldC

I don’t think you’d want your newest employees to make that decision. Best call and be wrong than to not call and be wrong.


45 posted on 05/23/2014 5:11:16 PM PDT by morphing libertarian ( On to impeachment and removal (IRS, Benghazi)!!!)
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To: AlexW

Next entry in company policy mission statement; “Minimum Wardrobe Requirements & Body Coverage Circumference Ratios to be lawfully expected of All Our Guests During All Hours of Business.”

Please attend the upcoming Wardrobe Workshop. There will be test following the workshop; no cell phone assists will be allowed. Line drawings accepted as answers.


46 posted on 05/23/2014 5:15:45 PM PDT by lee martell
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To: bigbob

Heh. You too?


47 posted on 05/23/2014 5:18:20 PM PDT by lee martell
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To: morphing libertarian

Yea, I can agree about the 911 part if it turns out to be true.


48 posted on 05/23/2014 5:22:04 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: Star Traveler

OK, maybe. What about a cell phone? Everyone has one these days, especially a college student. Also, what about the person calling themselves? Was the person incapacitated? Lawsuits are ridiculous these days.


49 posted on 05/23/2014 5:55:15 PM PDT by vpintheak (I will not comply!)
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To: vpintheak

The rule all companies better follow is that if someone is there and asking for the company to call 911 for them ... they better do it, no matter what.

That’s actually common sense and should require no discussion or even “training” for anyone to understand. But apparently someone is “too stupid to live” that works in that company.


50 posted on 05/23/2014 6:08:52 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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