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  1. #1
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    Judge dismisses claim against Starbucks over hot tea spill

    Finally a Judge who doesn't condone "sue happy" people!!!

    Champaign County Judge Michael Jones on Wednesday dismissed a four-count suit filed by Mindy Paik, 25, of Carol Stream against Starbucks Coffee Co. in connection with first- and second-degree burns she received on her thighs Dec. 9, 2007, at the Starbucks at 501 E. Green St., C.
    ~~~~~~~~~~~~
    [Judge] Jones interrupted the attorneys with questions during their arguments.

    "What are they to do if people want hot tea? Not sell it in case somebody might spill it?" he asked Borich. "What do I do with (Starbucks') affidavit that says there's no problem with the tables?"
    ~~~~~~~~~~~~
    Addressing the counts, Jones said it was "pretty speculative" to assert that two cups versus one makes a drink less likely to tip over. As for the wobbly table, Jones said, Starbucks had affidavits saying they made efforts to check them regularly.

    Regarding the lid, Jones noted that if Paik had taken it off to add sugar to her drink, then Starbucks wouldn't be responsible. And he questioned why, if she knew it wasn't properly secured, she didn't just put it on herself.

    "It seems to me if you're aware of a condition and choose to do nothing for five to 10 minutes ... that can't be the proximate cause," he said.
    The most "troubling issue," he said, was whether Starbucks was responsible for selling tea that was "unreasonably and dangerously hot."
    Noting Paik sustained serious burns that no doubt caused her great pain and suffering, Jones said he had no evidence about what the temperature of the tea was that day or what temperature it would take to cause burns as severe as she suffered.

    "As a matter of law I find the fact that a hot beverage could burn you if you pour it on your skin does not stand for the proposition that it's unreasonably and dangerously hot," he said.

    http://www.news-gazette.com/news/cou...t-tea-spill.ht

    “Once you eliminate the impossible, whatever remains, no matter how improbable, must be the truth.” Sir Arthur Conan Doyle, Sr.

  2. #2
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    That's awesome. Thanks for posting!
    __________________
    Disclaimer: I have a JD, but I am not licensed to practice. Therefore, do not interpret anything contained in my posts as legal advice - they are my personal opinion only.

  3. #3
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    mikeysmommom is offline "A grandchild fills a space in your heart that you never knew was empty...."
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    IF you can not drink hot tea without injuring yourself maybe you should stick with ice tea!I remember that woman who sued when she was burnt by hot coffee back then she made out like a bandit, I never could understand how she received so much money.I am glad for once to see a judge with common sense.
    I Love You MOM 6/16/32 - 5/30/09





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  4. #4
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    Quote Originally Posted by mikeysmommom View Post
    IF you can not drink hot tea without injuring yourself maybe you should stick with ice tea!I remember that woman who sued when she was burnt by hot coffee back then she made out like a bandit, I never could understand how she received so much money.I am glad for once to see a judge with common sense.
    I believe she received a settlement because it was cheaper than paying for a trial. She was an elderly woman who had been burned in the crotch area. I imagine McDonald's lawyers said, "Don't risk this with a jury."

    Unless I am mistaken (entirely possible), that case never made it to an actual trial.

  5. #5
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    http://www.caoc.com/CA/index.cfm?eve...wPage&pg=facts

    There's a good summary of the McDonald's coffee case here. It did go to trial, although an agreement was later reached after an appeal. This is one of those cases that sounds silly on the surface, but, imo, was actually some pretty negligent behavior on behalf of McDonald's.

  6. #6
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    Anyone dumb enough to put a hot drink between their legs or drink a hot drink while driving deserves whatever may happen to them! And yes people are sue happy and it makes me mad!

  7. #7
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    Quote Originally Posted by RLynne View Post
    http://www.caoc.com/CA/index.cfm?eve...wPage&pg=facts

    There's a good summary of the McDonald's coffee case here. It did go to trial, although an agreement was later reached after an appeal. This is one of those cases that sounds silly on the surface, but, imo, was actually some pretty negligent behavior on behalf of McDonald's.
    Thanks for the correction. I should try googling sometimes before posting.

    ETA I had to look up what "debridement" meant. I am so thankful I googled it first before taking a guess here.
    Last edited by Nova; 12-05-2010 at 05:50 PM.

  8. #8
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    Quote Originally Posted by Dawnmarie View Post
    Anyone dumb enough to put a hot drink between their legs or drink a hot drink while driving deserves whatever may happen to them! And yes people are sue happy and it makes me mad!
    Check out RLynne's link. Per that site, the plaintiff in the McDonald's case wasn't driving and the car wasn't moving.

  9. #9
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    Quote Originally Posted by Nova View Post
    Check out RLynne's link. Per that site, the plaintiff in the McDonald's case wasn't driving and the car wasn't moving.
    And even if she were not driving, she still put it in between her legs. Why put a hot drink in between legs? Is that where a drink belongs? What are the cup holders for, I might ask?

  10. #10
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    Quote Originally Posted by jjenny View Post
    And even if she were not driving, she still put it in between her legs. Why put a hot drink in between legs? Is that where a drink belongs? What are the cup holders for, I might ask?
    Agreed. I just read the case summary quickly, but I believe the court found her partly responsible. But it also found that McDonald's was making coffee hotter than necessary, in fact, hotter anyone could drink without getting burned.


  11. #11
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    http://www.slip-and-sue.com/the-famo...uit-revisited/

    Another link.

    Also, I thought Fran Drescher was involved with a coffee case and McDonald's though I can't find anything on it, just one line. Maybe because she has a talk show coming out....

    Goz

  12. #12
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    Quote Originally Posted by RLynne View Post
    http://www.caoc.com/CA/index.cfm?eve...wPage&pg=facts

    There's a good summary of the McDonald's coffee case here. It did go to trial, although an agreement was later reached after an appeal. This is one of those cases that sounds silly on the surface, but, imo, was actually some pretty negligent behavior on behalf of McDonald's.
    McDonalds shouldve settled for the 20K she originally wanted. Who knows, maybe she just wanted the 20K to pay her hospital bills? It does sound like the lady went through alot of pain.
    I do know when I order coffee in the cups I am VERY careful when I open it.
    but really, how many of you wouldve wanted your 79 yr old Mother/Grandmother going thru this? My Dad is 79 now and I tell him do not get hot coffee in a cup if youre in the car!
    That coffee is HOT. they now have warnings on the cups I noticed.



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