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I need some advice please!

  1. #26
    Super Moderator OreoGaborio's Avatar
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    Re: I need some advice please!


    Quote Originally Posted by newgixxerchic View Post
    or the events that followed after the initial lawsuit finding for that matter....
    That too. I see you're in the know.

    The Actual Facts about the Mcdonalds' Coffee Case
    Liebeck_v._McDonald's_Restaurants

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    Last edited by OreoGaborio; 01-11-08 at 01:50 PM.
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  2. #27
    Just Registered newgixxerchic's Avatar
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    Re: I need some advice please!

    yeah i think it was something like 350k... i'm not positive though, i don't quite remember...

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  3. #28
    Just Registered newgixxerchic's Avatar
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    Re: I need some advice please!

    read for yourself.... this was pretty much the information that we covered in my business law class. Notice that the monetary damages awarded were decreased on appeal. Her lawyer originally asked for like one days worth of coffee sales. but here is a link summarizing

    The Actual Facts about the Mcdonalds' Coffee Case

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  4. #29
    Super Moderator OreoGaborio's Avatar
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    Re: I need some advice please!

    Quote Originally Posted by MVOUS View Post
    so how about you enlighten me on the mcdonalds case then.

    and that has everything to do with this thread. BS lawsuits that shouldnt see the light of day
    Who are we to judge what's BS & what's not?

    Obviously you don't know what really happened in the Liebeck v McDonald's case & you wanna know why you don't know? Because corporations like McDonald's and the general media don't WANT you to know. They want you to be against people like Liebeck and my boy Rick Lee here who deserve reasonable compensation for someone else's negligence.

    Click the two links I posted above & read them. If you still think Stella Liebeck got what she deserved then fine. But at least have an EDUCATED opinion on it.

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    Last edited by OreoGaborio; 01-11-08 at 03:59 PM.
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  5. #30
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    Re: I need some advice please!

    I like this:
    The jury awarded Liebeck $200,000 in compensatory damages. This amount
    was reduced to $160,000 because the jury found Liebeck 20 percent at
    fault in the spill.

    Why only 20 percent at fault for the spill? Why wasn't she 100% at fault for the spill? McDonalds didn't spill the coffee on her. McDonalds didn't tell her to open the cup of coffee on an unstable surface. They also didn't tell her to put the cup between her legs and remove the top.

    That's off topic.

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  6. #31
    Lifer Pittenger5's Avatar
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    Re: I need some advice please!

    Those days where it rained during the day and froze at night was a BITCH to try to keep the parking lots clear. At my store there were literally 2 of use working that day, and we did our best to try to get salt and sand down, but it is literally impossible to get every square inch salted and sanded.
    That being said, I think its important if they made the EFFORT. If there was sand and salt down, and you just hit a missed spot, I think personal responsibility. If there was no attempt to salt or sand at all, fuck em.

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    Last edited by Pittenger5; 01-11-08 at 04:16 PM.
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  7. #32
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    Re: I need some advice please!

    I manage a couple hundred rental units. Have been through this before with 2 pizza delivery Guys at seperate properties.

    They are at fault, but thats why they have insurance contact a lawyer and proceed.

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  8. #33
    Super Moderator OreoGaborio's Avatar
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    Re: I need some advice please!

    Quote Originally Posted by MVOUS View Post
    i guess we just diagree on what is considered negligence. Mcdonalds coffee may be too hot to serve but i know its hot and would not sue someone for it. Even if i had an accident and spilled it on myself. Just like i would not sue someone for personal injury because I slipped on ice. Its cold out...there is ice....be careful or suck it up if you bust your ass. Personal Opinion remember. Is that a better Educated Opinion?
    McDonald's was found to be 80% responsible (yes, Liebeck was 20% at fault), so not only do you disagree with my definition of negligence, but you disagree with the Law's overall definition of negligence.

    And that's perfectly fine if you disagree with it, but don't look down upon Rick for wanting to cover his, his wife's & his kid's asses. Should Rick be forced to take legal action let the court decide if it's BS or not.

    And say whatever you want about personal responsibility, common sense & whatever, but God forbid, if you ever end up in Rick's shoes don't be surprised if you find yourself thinking differently.

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  9. #34
    Super Moderator OreoGaborio's Avatar
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    Re: I need some advice please!

    Quote Originally Posted by LuvDog View Post
    Why only 20 percent at fault for the spill? Why wasn't she 100% at fault for the spill? McDonalds didn't spill the coffee on her. McDonalds didn't tell her to open the cup of coffee on an unstable surface. They also didn't tell her to put the cup between her legs and remove the top.
    No one said McDonald's was 80% responsible for the spill, they were 80% responsible for her INJURIES.


    But whatever, like you said, it's off topic. This isn't giving Rick any advice like he asked.

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    Last edited by OreoGaborio; 01-11-08 at 04:52 PM.
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  10. #35
    Senior Member Rick Lee's Avatar
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    Re: I need some advice please!

    Wow what a fire storm of opinions. Just to answer a few questions posed here:
    1.They had not salted or sanded at all and the whole parking lot was an ice rink.
    2.I was wearing sneakers at the time and walking normally to my car.
    3.When i came out of my house i noticed it was getting slippery so i salted our walkway and parking area so no one would get hurt because i thought hey someone might hurt themselves and i don't want that to happen. (i live in an apartment and it is not my property so i would not be responsible anyway but still i like some of my neighbors and love my wife and kid so its a no brainer.)
    4. While the EMT and police were there as they loaded me into the Ambulance they still hadn't put down any salt and the EMT's and police both commented on that as well.

    So like i initially said i'm not looking for $200,000.00 from McDonald's. I do however think it is reasonable for them to pay my medical bills and cover my time away from work. I just think that it would be common sense that if you have people getting in and out of their cars to pump gas that you would make sure that there is no ice for them to slip on. If i was on crutch's already There is no way i could have made it across the parking lot the way it was iced over. i was being careful cause it was slippery and i still fell because they didn't care for their public parking lot. The problem i see with the "WTF another BS lawsuit" attitude is that yeah there are some people who abuse the system but when a business wants you to come spend money they should make it safe for you to do so or at the very least warn you of a danger. If they neglect to take a few minutes to throw down some salt or make any attempt to make it safer then i believe them to be responsible for their lack of action. Wouldn't your first though be oh snap someone just feel and really hurt themselves on all this ice. Maybe i should put down some salt while the Police and EMT's are here! This isn't rocket science. I have never been in a situation like this before and wanted to know what people thought and i appreciate all your input either way.

    Thanks ~ Rick

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  11. #36
    Super Moderator OreoGaborio's Avatar
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    Re: I need some advice please!

    Word.

    Did you the PM I sent last night?

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