Woman sues Dunkin Donuts for 15Million

[Casshew]

Yep, hot coffee again

A Staten Island woman who was badly burned after spilling scalding hot coffee on her lap is suing Dunkin' Donuts for a cool $15 million. Sharon Shea, 60, suffered second- and third-degree burns after the cardboard tray she was holding in the passenger seat of a friend's car toppled and spilled over her left leg and ankles.

"I'm in so much pain - oh God! It's excruciating pain," said Shea from her bed in the intensive care burn unit of Staten Island University Hospital. "It's just excruciating pain that I wouldn't wish on anybody."

The coffee crisis happened Nov. 12 after Shea and a friend pulled out of a Forest Ave. Dunkin' Donuts drive-through and headed to a strip mall across the street. When the pal tried to park, lids on two cups came off, causing 200-degree java to spill and soak through her jeans, her lawyer said.

In a lawsuit filed yesterday in Staten Island Supreme Court, Shea says the lids weren't fastened when employees passed the cups through a drive-through window around 1:30 p.m.

"I thought I was dying - that's how bad it was," said Shea, a mother of two who lives in Dongan Hills. "All my skin was pulled back like a nylon stocking a lady takes off."

Now, doctors said Shea - who has already spent six days at Staten Island University Hospital - may have to undergo a skin graft.


http://nydailynews.com/front/story/366930p-312147c.html

[Linda7NJ]

That doesn't sound like your run of the mill hot coffee spill! Geeesh! 6 days in a burn unit and skin grafts...wow!

Doesn't sound like she's faking to me, sounds like a very very serious burn that will result in severe disfigurement for life.

[Casshew]

Doesn't sound like she's faking to me, sounds like a very very serious burn that will result in severe disfigurement for life.
I don't think she is faking it.. but Hello... she is clumsy - thats not DD's fault

after the cardboard tray she was holding in the passenger seat of a friend's car toppled and spilled over her left leg and ankles.
15 million??? :rolleyes:

[kahskye]

I'm really sorry for her injury, but 15 million!!!!!!!!!!

[Norma]

I'd ask for a lifetime supply of donuts.

[Casshew]

If we got paid for being clumsy - I'd be a billionaire :woohoo:

[bakerprune64]

If we got paid for being clumsy - I'd be a billionaire :woohoo:
Ain't that the truth Cass!

[concernedperson]

I will just take the donuts.

[dolceaura]

I usually side with the companies in these kind of things but if the coffee was really that hot, then her tongue and throat would have been severely burned had she gotten a chance to drink it, so therefore DD would be responsible, in my opinion of course :)

[Casshew]

I wonder if they had a warning Caution: contents hot - on the cup? I know McDonalds does...

[poco]

I wonder if they had a warning Caution: contents hot - on the cup? I know McDonalds does...

You order a coffee, ***** if it's not hot - but yet need a warning that says Caution, contents hot??????

[Casshew]

You order a coffee, ***** if it's not hot - but yet need a warning that says Caution, contents hot??????
Yep, to protect themselves from stupid lawsuits

[nanandjim]

Yep, to protect themselves from stupid lawsuits
The cardboard thing that I put on my windshield to block the sun has a warning on it "Remove before driving."

Geez...People are idiots and want something for nothing. Has anyone ever heard of personal responsibility??

[Casshew]

Has anyone ever heard of personal responsibility?? Not when there is big money to be made!!! :rolleyes:

[nanandjim]

Not when there is big money to be made!!! :rolleyes:

I hope that DD doesn't settle out of court with her. I don't think that she should be rewarded for her carelessness.

P.S. I hope that we are allowed to log on from other computers. I am using my mother's computer in Maryland. :)

[Casshew]

P.S. I hope that we are allowed to log on from other computers. I am using my mother's computer in Maryland. :)
of course! I use my work, home, laptop whatever :)

Is your Mom cooking for you?

[nanandjim]

of course! I use my work, home, laptop whatever :)

Is your Mom cooking for you?
No, but they have bought Boston Market for dinner! :)

[Casshew]

No, but they have bought Boston Market for dinner! :)
Have a nice visit, are you staying for thanksgiving?

[fran]

This is why it takes so long for people who truly deserve compensation for faulty products etc.to get their case heard and to collect if they win. This is a frivilous lawsuit, if you ask me. People just don't want to admit they do anything wrong anymore. It's always the other guys fault.

Coffee is supposed to be hot. :banghead:

How many times have you gotten coffee and it was too hot and you had to wait a few minutes or add ice to drink it?

I hope they throw this thing out of court.

Whatever,
fran

[Glow]

If she wins the lawsuit OR if they settle with her, either way it will be all of US that the cost eventually gets passed on to. :sick:

[Linda7NJ]

I hope that DD doesn't settle out of court with her. I don't think that she should be rewarded for her carelessness.

P.S. I hope that we are allowed to log on from other computers. I am using my mother's computer in Maryland. :)
I think it's REASONABLE to assume when the person at the window passes me a tray of hot coffee, the lids would have been secured. Don't you?

[Casshew]

Maybe they should start selling coffee in tupperware :bang:

[englishleigh]

Accidents happen, coffee is hot. I'm sorry this happened to her, I wouldn't wish it on my worst enemy. Likely she will win some settlement, but 15 mil is extreme and I really don't think DD is at fault here.

[KatherineQ]

I wonder if they had a warning Caution: contents hot - on the cup? I know McDonalds does...

That coffee is sold for consumption - a prepared beverage, meant to be consumed when you buy it.

It shouldn't be 200 degrees. The reason it IS 200 degrees, is it takes less coffee grounds to make it if you make it that hot, than if you make it at a reasonable temperature. So, to save some money making coffee, DD is serving something that is so hot it will burn your mouth and throat if you try to drink it when they hand it to you.

Sue them until they cut that out. They didn't learn by watching what happened to McDonalds, some companies don't learn by example. I'd say sue them until they hurt enough to quit selling scalding beverages.

How many people, per day, burn their mouths on that coffee? Too many. So many lawsuits seem frivolous to me, but this one - they serve coffee knowing it will burn you if you try to drink it - seems reasonable to make them hear the message loud and clear.

[Mabel]

I agree, Katherine Q. I thought the McDonalds suit was frivolous until I learned the extent of that poor woman's injuries and that the coffee was hotter than the law allows it to be sold. Sure, we can all be clumsy, but no product sold with the intent of being immediately consumed should be that hot. If you accidentally spill the coffee you make at home on yourself you'll get burned, but it won't melt the flesh off your bones like it did in the case of the McDonald's woman.

[Casshew]

That coffee is sold for consumption - a prepared beverage, meant to be consumed when you buy it.


and icecream is supposed to be frozen.. can I sue if it melts on my shirt?

The fact is she would not have be injured if she had not of taken it in a moving vehicle and spilled it on herself.

There are no other reports of mouths, throats, lips or tongues being burned (so far) sure coffee is supposed to be hot, but I always add cream and wait for it to cool a bit. People who drink coffee black - must wait for a while or sip very carefully.

[Mabel]

and icecream is supposed to be frozen.. can I sue if it melts on my shirt?

The fact is she would not have be injured if she had not of taken it in a moving vehicle and spilled it on herself.

There are no other reports of mouths, throats, lips or tongues being burned (so far) sure coffee is supposed to be hot, but I always add cream and wait for it to cool a bit. People who drink coffee black - must wait for a while or sip very carefully.

In the McDonald's case, it came out in court that there were more than 700 complaints on file about injuries resulting from the too hot coffee in the 10 years preceeding Stella Liebeck's lawsuit.

[Casshew]

So 700 people were clumsy and accepted it... and one wanted millions?

[Mabel]

So 700 people were clumsy and accepted it... and one wanted millions?

Lol...no, there were 700 claims against McDonalds. In some of the cases there were lawsuits. McDonalds settled many of the claims out of court. There's no way of knowing how many people were burned that simply accepted it.

Mrs. Liebeck originally asked only for help paying her medical bills of $20k. McDonalds refused. Then a mediator recommended a settlement of about $250,000. Again McDonalds refused. So she sued their McButts. The jury awarded Mrs. Liebeck 2.7 mile but the judge reduced it to $480,000. Since then, some kind of settlement was reached and no one really knows how much money she ended up with.

[Mabel]

I was curious, so I checked. My Mr. Coffee makes coffee and maintains it at a temp of about 130 degrees. It's hot enough that you don't want to drink it without giving it a few minutes to cool down after pouring a cup. If I spilled it on myself it would hurt and would probably leave a red spot for a few days.

I see no reason for restaurants to sell coffee at temps up to 70 degrees hotter than my Mr. Coffee makes it, especially when they know the coffee is going to be consumed in a car and there is a greater potential for an accident. Coffee should NOT be so hot that it melts people's flesh down to the bone. Two years later the McCoffee lady was still undergoing medical treatment. That's just wrong.

[Casshew]

Lol...no, there were 700 claims against McDonalds.
:crazy: Well it was worth a shot!

[Casshew]

I was curious, so I checked. My Mr. Coffee makes coffee and maintains it at a temp of about 130 degrees.
Well that does it... today I am launching a law suit against Mr. Coffee for not being hot enough.

But seriously, I don't think anyone can say anything to convince me that spilling coffee on your dumbself is anyones fault but your own.

What if I spill bleach? or crazy glue or CLR or anything caustic? - it's my own fault.

[Mabel]

Well that does it... today I am launching a law suit against Mr. Coffee for not being hot enough.

But seriously, I don't think anyone can say anything to convince me that spilling coffee on your dumbself is anyones fault but your own.

What if I spill bleach? or crazy glue or CLR or anything caustic? - it's my own fault.

I'm the one who brought the Mr. Coffee thing to your attention so I want my cut. I'm willing to negotiate an immediate settlement, today only.

If you spill bleach on yourself and it burns through your skin like acid, exposing the bone, I'd say you have a pretty good lawsuit on your hands. It's not supposed to do that. Certainly coffee isn't supposed to.

[Casshew]

Certainly coffee isn't supposed to.
you've never tried my coffee :angel:

[Sherry67]

200 degrees is extremely hot.....I would wonder if the styrofoam cup could even handle 200 degree's. How were they able to measure the temp?


I agree that this is a bogus lawsuit. It's basically extortion....this woman will find a lawyer that will do the work knowing full well that DD will probably settle out of court just to save $$$$.

For all of you that say sue......remember that when you have to pay a lot more $$$$ for products because of these these types of lawsuits. The same goes for people who sue over medical situations that could probably not be helped. In Wi we have a Cap on the amount you can sue for - and the result is that we have some very good MD's building their practice here. My OB/GYN originally came from the East coast , but chose to move here for his practice - because the cost of malpractice insurance is completely unaffordable where he is from. It's a double edge sword.

[Casshew]

Maybe I missed it, but how did they know the temp of the coffee? are they assuming 200 degrees by the injuries? or was there a cup unspilled that they checked? or was it something they did at the DD afterwards?

A lot of these coffee shops use Bunn professional equipment.. etc.. I am not sure if the individual store has any say into the settings.

[crash676]

Ok I'm not trying to be cynical I swear but I am holding a cup of DD's coffee in my hot little hands and it has a clear disclaimer on it. As for the lid not being on Has anyone ever bought a soda at a drive thru and grabbed it by the lid and not the base of the cup. I know I have and guess what happens the lid comes off. I love the fact that the world is litigation insane otherwise I would be broke but enough is enough already. As for 200 degrees that is a guess on someone's part. There is no way to accurately measure the temperature that will burn a person's skin. Everyone has different skin elasticity and a person of 60 will burn more severely than one in their 20's. Skin becomes essentially thinner as we age. Not literally but that is the best way I know how to describe it. DD should not be responsible for the shear clumsiness of an individual. As for her injuries it sounds like she ordered more than one cup of coffee. It sound like perhaps the car hit a bump and she ended up with a drink holder full of beverages in her lap. Just an observation from the severity of the injuries reported. I could be wrong.

[Mabel]

Maybe I missed it, but how did they know the temp of the coffee? are they assuming 200 degrees by the injuries? or was there a cup unspilled that they checked? or was it something they did at the DD afterwards?

A lot of these coffee shops use Bunn professional equipment.. etc.. I am not sure if the individual store has any say into the settings.

I don't know about in the DD case, but in the McDonalds case they ordered coffee from different restaurants and used a thermometer to test it. The McDonalds operations and training manual says its coffee must be brewed at 195 to 205 degrees. The location where Mrs. McCoffee bought her cup later reduced the temp of the coffee they sell to 158 degrees, so I would assume there is some ability to change the temps on the machines.

[Casshew]

Ok I'm not trying to be cynical I swear but I am holding a cup of DD's coffee in my hot little hands and it has a clear disclaimer on it. As for the lid not being on Has anyone ever bought a soda at a drive thru and grabbed it by the lid and not the base of the cup. I know I have and guess what happens the lid comes off. I love the fact that the world is litigation insane otherwise I would be broke but enough is enough already. As for 200 degrees that is a guess on someone's part. There is no way to accurately measure the temperature that will burn a person's skin. Everyone has different skin elasticity and a person of 60 will burn more severely than one in their 20's. Skin becomes essentially thinner as we age. Not literally but that is the best way I know how to describe it. DD should not be responsible for the shear clumsiness of an individual. As for her injuries it sounds like she ordered more than one cup of coffee. It sound like perhaps the car hit a bump and she ended up with a drink holder full of beverages in her lap. Just an observation from the severity of the injuries reported. I could be wrong.
Good post crash... it looks like we need more info, I have spilled coffee on myself before and it didn't burn me because my clothes protected me... was this woman naked? was she wearing nylons? nylons can melt like plastic - maybe thats why her legs were so burned.

Mabel, this is going back a few years but at the restaurant I worked at it was all automated, drop a premeasured pack of coffee in one compartment, and press on... just one switch to control.

[Mabel]

Good post crash... it looks like we need more info, I have spilled coffee on myself before and it didn't burn me because my clothes protected me... was this woman naked? was she wearing nylons? nylons can melt like plastic - maybe thats why her legs were so burned.

Mabel, this is going back a few years but at the restaurant I worked at it was all automated, drop a premeasured pack of coffee in one compartment, and press on... just one switch to control.

It says in the article that she was wearing jeans.

I checked a site that sells commercial Bunn coffee makers. It appears that at least some of them have internal thermostats that can be set to regulate the temps. The highest setting is 200 degrees.

[Casshew]

I wonder if the manufacturors have had any lawsuits against them... and what theur recommended setting is?

Maybe she had nylons under her jeans? Seriosuly, they can melt just like plastic at high temps.

[Details]

You order a coffee, ***** if it's not hot - but yet need a warning that says Caution, contents hot??????I'm siding with the lady here - coffee is supposed to be hot, but not that hot! It's like ordering an ice cream cone, they warn you it's cold - so it's your fault if they've got it down to the temperature of liquid nitrogen, and it gives you frostbite if you touch it for an instant?

It's a fast food restaurant - people shouldn't have to take precautions like they are picking up a biohazard or vial of acid! Just because coffee is supposed to be hot doesn't mean it's supposed to be so hot that it needs forever to cool down to be able to drink it without putting burns all down your throat!

I've seen what those kind of burns look like - the skin just slides off - it's horrible! Recovery is incredibly painful and long.

[crash676]

Ok not trying to pick this apart but please go back and read the first post those of you who think she get the money.
First of all they pulled out of the drive thru to go across the street to the strip mall and when the friend was trying to park the coffee landed in her lap!! The car was clearly moving and oops sorry I spilled the coffee when I went to get my purse or perhaps when my friend was trying to park the car she hit a bump or she knocked over the coffee with her elbow when trying to park the car. She was a klutz she spilled her coffee. Yes she is the hospital. She MAY I repeat MAY NEED SKIN GRAFTS. There is nothing in the article that states what degree her burns are. Has anyone ever had a whiny relative who wanted to stay longer in the hospital becasue they were oh so sick but should have went home days ago becasue they were just seeking sympathy. I would be awful whiny if I thought it would get me $15 million. I would be talking about skin grafts and possible infection etc. There has been no statement by the doctor just the sapeculation of family and media. She would have to have several burns to need a skin graft. She essentially would have had to set her leg on fire with a butane torch to recieve a skin graft. Sorry I do not buy it. I am a meanie I know but I guess I am a little jilted. Sorry!:furious:

[Casshew]

lol crash, I don't think you are a meanie :)

Scalding can be bad though... but 15 million? :hand:

[Rangersfan]

My boss was about to take a drink of his coffee this morning (out of one of those insulated cups with a lid). Just as he got the cup up to his mouth, the lid fell off and he poured the coffee all over himself. He was fine. It's a good thing, because it was a hilarious sight to see and I laughed my butt off!

[Casshew]

lol Rangers, I'm glad he wasn't hurt...

that image will give you years of laughter to come (if only in your head) :D

[Details]

If you skin is peeling off, that's a pretty good burn. And hot water (or coffee) can easily enough do that - 2nd or 3rd degree burns.

I still remember watching this case on Trauma, Life in the ER (this is a reality series, not scripted, just footage from recording in the emergency room) of a young girl brought in with burns where her skin was peeling off that way - she was trying to help cook something and accidentally spilled boiling water on her arm and hand.

Being a klutz or not being a klutz doesn't excuse a restaurant for giving out something hazardous. There's no reason to give out coffee that hot - their customers don't want it, it's dangerous, it takes too long to cool enough to be drinkable, and they know perfectly well that people will be driving with it. They're doing something dangerous to save a few cents on using less coffee grounds - ridiculous. No one expects that when they spill coffee over themselves that they'll get burns like that. Ranger's boss didn't.

I love watching medical shows, and it doesn't much get to me, but the burns are the worst. Just horrible!

[Details]

She would have to have several burns to need a skin graft. She essentially would have had to set her leg on fire with a butane torch to recieve a skin graft. Sorry I do not buy it. I am a meanie I know but I guess I am a little jilted. Sorry!:furious:Uh - not true. I saw a case on Trauma (again) where it was an elderly guy in a bathtub where his foot slipped and turned on the hot water full blast. He had 2nd and 3rd degree burns and needed skin grafts.

But whether or not she needs grafts, anything bad enough to burn you to the degree your skin falls off is just not right to hand out in open cups to drivers in the drive through lane.

[mic730]

I agree, Katherine Q. I thought the McDonalds suit was frivolous until I learned the extent of that poor woman's injuries and that the coffee was hotter than the law allows it to be sold. Sure, we can all be clumsy, but no product sold with the intent of being immediately consumed should be that hot. If you accidentally spill the coffee you make at home on yourself you'll get burned, but it won't melt the flesh off your bones like it did in the case of the McDonald's woman.

I was shocked when I actually read the McDonalds case details. After reading I totally agreed with the jury.

[Details]

I think a really big problem with the court system is the punative damages - they shouldn't go to the victim. That's why they're suing for a ton of money - to make DD change their behavior, to make it not worth it to have ridiculously hot coffee to save a little money on the grounds. And that's the only tool to make those big companies change their behavior - make it more expensive to do the wrong thing.

But the money from the punative damages shouldn't really go to the person who manages to win the court case - it's excessive overcompensation for their injuries. Some excess - OK, a ton of excess - no. They should pay for the injuries, for the continuing medical care needed, for any shortening of a life span, for the lawyers and time needed to bring the suit, and maybe just a bit of extra for pain and suffering.

The rest of the punative damages should go to some variety of trust fund, used for an appropriate purpose. Maybe to help monitor the company's future behavior, or maybe to a general fund to help pay for the medical care for victims who have the misfortune to be injured by a defendant who can't or manages to avoid paying the judgement. Punative damages are really punishing the company on society's behalf - so the money should go to help society in general.

That might also help keep some of these cases where the punative damages really are appropriate from being reduced so much on appeal.

[BigDaddy]

200 degree coffee? Not necessary and they (DD) should have to pay. It is not careless to spill a 200 degree beveridge that the lid is not on properly.