I agree with the decision in the Stella Liebeck v. McDonalds Restaurants. Testimony in the case proved McDonald’s was blatantly negligent regarding the temperature their coffee. Key negligence facts in the case;
• “McDonald's Operations Manual required the franchisee to hold its coffee at 180 to 190 degrees Fahrenheit; Coffee at that temperature, if spilled, causes third-degree burns (the worst kind of burn) in three to seven seconds.
• Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years.
• McDonald's admitted that it has known about the risk
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In 1992, you would have had a difficult time finding the facts in the case. The media portrayed Mrs. Lieback as an example of the litigious society we have become, where frivolous lawsuits have become an everyday part of the court system. Facts the media failed to report on the case with regard to Mrs. Liebeck and McDonald’s response to her lawsuit;
• “Spilled a cup of hot McDonald's coffee on herself while riding, NOT while driving in the
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“They also awarded her $2.7 million in punitive damages, which the trial judge reduced to $480,000” (Breyer, Melissa 2015) $2.7 million only represented two days’ worth of coffee sales for the McDonald's corporation, yet the amount of the punitive award was reduced in a final undisclosed settlement and Ms. Liebeck did not and never received the courts judgment. (Ms. Liebeck passed away in 1994)
Works Cited:
Grover, Sami. "The Truth About McDonald's "Hot Coffee Lawsuit" & Why It Matters (Video)." TreeHugger. 30 June 2011. Web. 29 Mar. 2016. http://www.treehugger.com/corporate-responsibility/the-truth-about-mcdonalds-hot-coffee-lawsuit-why-it-matters-video.html
Trex, Ethan. "The Real Details of the Hot Coffee Lawsuit." Mental Floss. 13 Jan. 2011. Web. 29 Mar. 2016. http://mentalfloss.com/article/26862/real-details-hot-coffee-lawsuit
Breyer, Melissa. "The Real Story behind the McDonald's Hot Coffee Lawsuit." TreeHugger. 1 Oct. 2015. Web. 29 Mar. 2016.
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
How was McDonald’s supposed to know that Stella would spill the coffee on herself? Coffee is meant to be served hot, just as blades are meant to be sharp. Stella suing for being burned by coffee is the same principal as a person suing a knife company after being cut by one of their products. The world is a dangerous place; many things around us have the capability to cause damage. Corporations should not be held responsible for any damage sustained after using their product improperly. McDonald’s could not have prevented Stella spilling the coffee on herself.
Blackburn was candid that most of his clients were “in the (drug) life at some level” and many of them had prior arrests. For instance, Billy Wafer, was on probation for possession of marijuana at the time when he was accused of selling cocaine to Coleman. “I ain’t an angel but I’ve never sold drugs,” said Wafer. Wafer, unlike most of the other defendants, had his charges dropped because he had a rock solid alibi with time cards from his job. Also, his supervisor testified verifying he was at work when Coleman claimed he sold him cocaine.
Hariman, R. “Performing the Laws: Popular Trials and Social Knowledge” from Popular Trials: Rhetoric, Mass Media, and the Law, Robert Hariman, ed(s)., University of Alabama Press, 1990. 17-30.
When a collection of people with common ideals and values congregate into a group for the means of political gain, they become a much greater presence than if they remained individuals. Whether through singular interest groups or through national political parties, they acquire the power to influence change in the political system, determined to see their viewpoints prevail. This practice was apparent at the time of McDonald v. Chicago. In the time period before the McDonald v. Chicago ruling, numerous people, either through interest groups or political parties, sought the influence the court’s decision and ensure that their viewpoints towards the matter of firearms predominated in the court of law.
Most people will not recognize the name Stella Liebeck but say the words “hot coffee lawsuit” and recognition will be instant. The story is almost so well known that it has almost passed into the realm of urban legend or myth. And in the broad strokes it has become a bit of a myth. An old woman drives through a McDonald’s drive through, orders a cup of coffee and then promptly and recklessly spills the beverage all over her legs. Then in search of an easy payday she sues the restaurant for millions of dollars, ultimately walking away a millionaire with no more damage than a ruined pair of sweatpants. The story has been held up as a parable for what is wrong with America today. The well-worn story can be held up to serve as a totem pole for any number of issues. People don’t want to work for money anymore, just look at that hot coffee lady. People don’t want to take responsibility for their actions, just look at that hot coffee lady. People are idiots, look at that coffee lady. As it turns out, the “coffee lady” is a good story for examining the world we live in today, but not for the reasons that might be expected.
Palmer, Elizabeth A. "The Court and Public Opinion." CQ Weekly 2 Dec. 2000. CQ Weekly. SAGE Publications. Web. 1 Mar. 2000. .
Kellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938), "National Biscuit sued Kellogg over the manufacture and sale of a breakfast cereal known as shredded wheat. Shredded wheat was first introduced in 1893 and then again in 1905 when a the inventor tried to trademark it and it was denied. National Biscuit years later acquired the rights to shredded wheat inventor business and eventual got a shredded wheat patent issued that eventually expired in 1912. Some ten years later in 1922 Kellogg started marketing their own version of shredded wheat in the same shape as Nation Biscuit. National Biscuit filed a lawsuit and the court ruled that Kellogg will not use the name shredded wheat and that they will not advertise or sell the pillow shaped
3-2. Are the critics overreacting to the situation? Do you think Keurig Green Mountain’s managers are handling this situation in the best way, ethically and responsibly? What else could they do to be more ethical and responsible?
In the case Bosse v. Brinker Restaurant Corporation, from Massachusetts Lawyers Weekly, outlines a court case between two teenagers Bosse and Griffin who were injured in a car crash after a Chili’s patron followed the teens out after they dodged their tab. This case primarily focuses on whether or not this patron, who remained unidentified after fleeing the scene once the teens crashed into a brick wall, was an agent of Chili’s restaurant. The article noted that the man who chased after the teens, in no way identified with the restaurant: “The patron’s car was unmarked; it bore no Chili’s insignia. He wore civilian clothing and no uniform or other insignia of employment at Chili’s.” The only interaction other than the chase he had with the
Schultz, Howard, and Joanne Gordon. Onward: How Starbucks Fought for Its Life Without Losing Its Soul. New York: Rodale, 2011. N. pag. Print.
Starbucks case study: background 1971-87; private company 1987-92. (1997). McGraw-Hill Companies. Retrieved March 20, 2007, from the McGraw-Hill Companies website: http://www.mhhe.com/business/management/thompson/11e/case/starbucks-1.html
First, my personal reaction to this is documentary is an eye opener. I knew McDonalds was more harmful to than other fast food places, but I never knew about the lawsuit between McDonalds and it consumers. I never saw McDonalds as having big impact on my life; this is probably because the McDonald’s in my hometown never had a super-size option. In the video, Spurlock conducted interviews to gain ...
Paula Moore. Independents' day, Coffee shops take on Starbucks for market share, The Denver Business Journal. Denver: Jul 30, 2004. Vol. 56, Iss. 2; p. A17