Republican Trial Lawyer

Knowledge of McDonald's Coffee Case is based on McMyths

The poster child of civil justice opponents is the "McDonald's coffee case." This case is often cited as the reason for "tort reform." Unfortunately, headlines and misrepresentations by civil justice's opponents misshaped public opinion about Stella Liebeck's case against McDonald's.

The public was led to believe that a woman driving a car was holding a cup of McDonald's coffee between her knees, spilled it, burned herself, and hired a trial lawyer who conned a jury into awarding her $2.86 million. But these are the facts:
1. Mrs. Liebeck's car was not moving; it was parked. Her son-in-law was driving. Not her.
2. The coffee was scalding (180-190 degrees) which can cook all layers of skin within 7 seconds. It was not as hot as normal coffee (135-140 degrees).
3. Mrs. Liebeck asked for payment of her medical bills before filing suit. She did not want to sue.
4. She spent eight days in the hospital and had painful skin grafts and debridement treatments.
5. Her genitalia and buttocks had third degree burns. The skin on those sensitive places of her body had to be peeled off, then other skin from her body had to be peeled off and then placed on her genitalia and buttocks.
6. McDonald's rejected her offer and then mediation, insisting on a trial.
7. McDonald's admitted its coffee was 40 to 50 degrees hotter than is fit for human consumption.
8. Mrs. Liebeck suffered third-degree burns over 6 percent of her body.
9. McDonald's knew more than 700 people, including babies, had been burned by its coffee.
10. McDonald's told the jury it wouldn't lower its coffee's temperature, prompting the jury to punish the corporation.
11. The jury awarded $200,000 for "out of pocket" economic damages, reduced to $160,000 because it found Mrs. Liebeck 20 percent at fault.
12. The jury's decision to punish McDonald's with $2.7 million in punitive damages for blatant misconduct was reasoned: That's two days of coffee sales for McDonald's.
13. At trial, Judge Robert Hayes Scott reduced the punitives to three times actual damages--$480,000.10. Post-verdict mediation was ordered, the case settled, and there was no appeal.11. McDonald's immediately lowered the temperature of its coffee.

That jury, after hearing all the facts and arguments, taught McDonald's--and, we hope, other corporations--a lesson: If you recklessly make or sell a dangerous product, you will be held accountable. McDonald's suffered substantial, but hardly outrageous, financial punishment for its irresponsible practices. Mrs. Liebeck was compensated for her injuries. And folks like you and me are less likely to get burned. That's exactly how our legal system is supposed to work. That's also why the insurance, tobacco, and other major industries want to change it. They think it works too well.

Source: Wall Street Journal, The complete text of the Wall Street Journal article (citation #1994 WL-WSJ 342815) may be purchased for $12 at http://www.westlaw.com/.

posted by The Republican Trial Lawyer @ 5:12 PM