The Stella Awards:)

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thanuk
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The Stella Awards:)

Postby thanuk » Mon Jan 06, 2003 2:48 pm

I got this as one of those emails that goes around, and its a classic, so i figured i would share Image

It's time once again to consider the candidates for the annual Stella
Awards. The Stella's are named after 81-year-old Stella Liebeck who
spilled coffee on herself and successfully sued McDonalds. That case
inspired the Stella Awards for the most frivolous successful lawsuits in
the United States.

The following are this year's candidates:

1. Kathleen Robertson of Austin, Texas, was awarded $780,000 by a jury of
her peers after breaking her ankle tripping over a toddler who was running
inside a furniture store. The owners of the store were understandably
surprised at the verdict, considering the misbehaving little toddler was Ms.
Robertson's son.

2. 19-year-old Carl Truman of Los Angeles won $74,000 and medical expenses
when his neighbor ran over his hand with a Honda Accord. Mr. Truman
apparently didn't notice there was someone at the wheel of the car when he
was trying to steal his neighbor's hub caps.

3. Terrence Dickson of Bristol, Pennsylvania, was leaving a house he had
just finished robbing by way of the garage. He was not able to get the
garage door to go up since the automatic door opener was malfunctioning. He
couldn't re-enter the house because the door connecting the house and garage
locked when the family was on vacation, and Mr. Dickson found himself
locked in the garage for eight days. He subsisted on a case of Pepsi he
found, and a large bag of dry dog food. He sued the homeowner's insurance
claiming the situation caused him undue mental anguish. The jury agreed to
the tune of $500,000.

4. Jerry Williams of Little Rock, Arkansas, was awarded $14,500 and medical
expenses after being bitten on the buttocks by his next door neighbor's dog.
The beagle was on a chain in its owner's fenced yard. The award was less
than sought because the jury felt the dog might have been just a little
provoked at the time by Mr. Williams who was shooting it repeatedly with a
pellet gun.

5. A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster,
Pennsylvania, $113,500 after she slipped on a soft drink and broke her
coccyx (tailbone). The beverage was on the floor because Ms. Carson had
thrown it at her boyfriend 30 seconds earlier during an argument.

6. Kara Walton of Claymont, Delaware, successfully sued the owner of a
night club in a neighboring city when she fell from the bathroom window to
the floor and knocked out her two front teeth. This occurred while Ms.
Walton was trying to sneak through the window in the ladies room to avoid
paying the $3.50 cover charge. She was awarded $12,000 and dental expenses.

7. This year's favorite could easily be Mr. Merv Grazinski of Oklahoma
City, Oklahoma. Mr. Grazinski purchased a brand new 32-foot Winnebago motor
home. On his first trip home, having driven onto the freeway, he set the
cruise control at 70 mph and calmly left the drivers seat to go into the
back and make himself a cup of coffee. Not surprisingly, the R.V. left the
freeway, crashed and overturned. Mr. Grazinski sued Winnebago for not
advising him in the owner's manual that he couldn't actually do this. The
jury awarded him $1,750,000 plus a new motor home. The company actually
changed their manuals on the basis of this suit, just in case there were any
other complete morons buying their recreation vehicles.


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Thanuk Pantherclaw

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Xisiqomelir
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Postby Xisiqomelir » Mon Jan 06, 2003 3:20 pm

No 3 gets the award.

The rest in descending order of worthiness:

2
4
7
tie among 1, 5 and 6

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Ashiwi
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Postby Ashiwi » Mon Jan 06, 2003 3:54 pm

How embarrassing. I live in Oklahoma City, and I think I'm going to go look Mr. Grazinski up and tell him what I think about idiots who abuse the legal system because of their own moronic incompetence, making it harder on everybody else. Thank you, all you suit-happy idiots and your gluttonous and greedy lawyers, for driving up our insurance costs, driving small business owners out of business, and endangering all of us with your reckless stupidity.

Maybe I should sue Mr. Grazinski just for driving... I think having him on the roads in my area causes me "undue mental anguish."
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Postby Tovar » Mon Jan 06, 2003 4:20 pm

can we say 'litigious' anyone? Fugging cases like this never cease to amaze me...
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Postby Mikayla » Mon Jan 06, 2003 4:22 pm

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Ashiwi:
<B>How embarrassing. I live in Oklahoma City, and I think I'm going to go look Mr. Grazinski up and tell him what I think about idiots who abuse the legal system because of their own moronic incompetence, making it harder on everybody else. Thank you, all you suit-happy idiots and your gluttonous and greedy lawyers, for driving up our insurance costs, driving small business owners out of business, and endangering all of us with your reckless stupidity.

Maybe I should sue Mr. Grazinski just for driving... I think having him on the roads in my area causes me "undue mental anguish."</B></font><HR></BLOCKQUOTE>


LOL, go for it ashiwi, that would be awesome if you could and won Image



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Her Royal Bitchness Eye Aeturnum
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Postby Guest » Mon Jan 06, 2003 4:26 pm

Can you say "urban legend"? I knew you could.

http://www.snopes.com/legal/lawsuits.asp
Ashiwi
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Postby Ashiwi » Mon Jan 06, 2003 4:47 pm

I should sue Thanuk for undue mental anguish. Oooooooh, good idea...
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Postby Corth » Mon Jan 06, 2003 5:18 pm

http://www.sebourn.com/stupid/stprod.html

list of stupid production instructions, many of which probably resulted from real lawsuits..

Corth

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Goddamned slippery mage.
thanuk
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Postby thanuk » Mon Jan 06, 2003 6:15 pm

I never said they were true! Nyah Image Still funny.

Im off to sue pepsico cuz they never told me what happens when you mix pepsi and pop rocks...


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Thanuk Pantherclaw

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Postby Dalar » Mon Jan 06, 2003 10:58 pm

this thread reeks of stupidity.
<EMBED src="http://orbit3.org/__/flahs/frt.swf" quality=high bgcolor=#FFFFFF WIDTH="0" HEIGHT="0" NAME="ss" ALIGN="" TYPE="application/x-shockwave-flash" PLUGINSPAGE="http://www.macromedia.com/go/getflashplayer"></EMBED>

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Postby Corth » Tue Jan 07, 2003 2:40 am

Omg, dartan has broke the bbs

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Goddamned slippery mage.
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Postby ssar » Tue Jan 07, 2003 8:16 am

It's funny to laugh at some of these made-up things.
But sadly, there is way too much actual litigation and lawsuits going on in the world that are similarly ridiculous.
It's a sad, sad, state of modern society.

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thanuk
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Postby thanuk » Tue Jan 07, 2003 2:26 pm

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Dalar:
<B>this thread reeks of stupidity.

</B></font><HR></BLOCKQUOTE>

I love the smell of stupid in the morning. Smells like....Dartan.



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Thanuk Pantherclaw

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gnerble
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Postby gnerble » Tue Jan 07, 2003 6:58 pm

One thing I can't stand about the net is how it can perpetuate real life cases like the Mac Donald's lawsuit into rediculous shit like this!

This urban legend and the Darwin awards are fun to read, but it's painful when people (with mullets) try to tell you that they actually occurred.

Enjoy Image

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Guest

Postby Guest » Tue Jan 07, 2003 7:13 pm

I'm in favor of tort reform as much as the next person. That being said, those of you who point to the McDonald's coffee case as the root of all evil of the tort system need to actually go through and read the facts of the case and read WHY that McDonald's was found negligent.

Hint: It's not as simple as a lady spilled coffee on herself and sued. There's MUCH more to the case than that.

http://www.lectlaw.com/files/cur78.htm

[This message has been edited by Kiaransalee (edited 01-07-2003).]
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Postby Mikayla » Tue Jan 07, 2003 7:16 pm

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by gnerble:
<B>One thing I can't stand about the net is how it can perpetuate real life cases like the Mac Donald's lawsuit into rediculous shit like this!

This urban legend and the Darwin awards are fun to read, but it's painful when people (with mullets) try to tell you that they actually occurred.

Enjoy Image

</B></font><HR></BLOCKQUOTE>

dont be insulting people with mullets, gerble Image



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Her Royal Bitchness Eye Aeturnum
Corth
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Postby Corth » Tue Jan 07, 2003 8:19 pm

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Kiaransalee:
[B]I'm in favor of tort reform as much as the next person. That being said, those of you who point to the McDonald's coffee case as the root of all evil of the tort system need to actually go through and read the facts of the case and read WHY that McDonald's was found negligent.

Hint: It's not as simple as a lady spilled coffee on herself and sued. There's MUCH more to the case than that.

http://www.lectlaw.com/files/cur78.htm</font><HR></BLOCKQUOTE>

Heh, I wouldnt trust that link you post either.. On the bottom:

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2"> excerpted from ATLA fact sheet. ©1995, 1996 by Consumer Attorneys of
California </font><HR></BLOCKQUOTE>

Think they have an agenda?

Corth

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Goddamned slippery mage.

[This message has been edited by Corth (edited 01-07-2003).]
Guest

Postby Guest » Tue Jan 07, 2003 10:00 pm

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Corth:
<B> Think they have an agenda?

Corth
</B></font><HR></BLOCKQUOTE>

Ok, how about the "Stella Awards" site describing the case?

http://www.stellaawards.com/stella.html


BTW, for those morbidly curious, the case is:

Liebeck v. McDonald's Restraunts, No. CV-93-02419, 1995 WL 360309 (N.M. Dist. Aug. 18, 1994)

[This message has been edited by Kiaransalee (edited 01-07-2003).]
Corth
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Postby Corth » Wed Jan 08, 2003 3:27 am

Everyone knows that coffee is hot.


Going through each point that both links make, I would suggest the following:

A) It doesnt necessarily matter that mcdonalds had notice that other people had burned themselves. Auto manufacturers know that people have died in car accidents, should they cap auto speeds at 15 mph to avoid such injury and death?

B) The mere fact that 'Stella' was injured by the coffee is meaningless unless McDonalds was in fact negligent. In order to be considered negligent, McDonalds would have had to have acted unreasonably in serving coffee to customers in the way that it did. An important question would be whether the coffee temperature itself was unreasonably high, though McDonalds could still be negligent even if the temperature of the coffee isnt unreasonably high, for instance, if a reasonable restaurant serving 180 degree coffee would have warned customers that the coffee was hot.

C) Is the coffee served by mcdonalds at 180 degrees farenheit of an unreasonable, and thus negligently high temperature? According to one study (link below), 160 degrees is optimal for taste. The second link demonstrates however that the higher the temperature of coffee, the quicker the rate that it will decrease towards room temperature. One must also take into account the fact that McDonalds is marketing their coffee towards two different types of customers. Those who drink it directly out of the drive-through, and those that take it elsewhere, for instance their office, and then drink it. 180 degrees farenheit would seem to be a fair compromise temperature. Its not significantly hotter than the optimal coffee (160 degrees), yet its hot enough so that it hopefully doesnt become too cold for people that wait before drinking it.

http://www.confex.com/ift/99annual/abstracts/3583.htm

http://www.grow.arizona.edu/water/temperature/temperaturecoffeecooling.shtml


D) One of the links that you posted, kia, implies by the following passage that McDonalds acted negligently:

<font face="Verdana, Arial" size="2">From 1982 to 1992, McDonald's coffee burned more than 700 people, sometimes seriously, resulting in many claims and other lawsuits.</font>
.

First off, Thats only about 70 people a year. Considering the fact that McDonalds operates thousands of restaurants worldwide, this doesn't seem like a bad track record. Secondly, saying that many people have brought suits doesn't on its own legitimize the suit we're talking about. Did those other people win large awards? Were they dismissed on motions for summary judgment as a matter of law? At most, the fact that other suits had been brought weighs in favor of McDonalds having knowledge that there was a problem, if in fact there was a problem. It also makes one wonder whether those aforementioned lawsuits were successful when you consider the fact that McDonalds did not bother to change its policy subsequently.

E) McDonalds did not warn customers of the risk. This certainly would weigh in favor of a negligence finding. On the other hand, it really is obvious that when you purchase coffee, it is in fact going to be hot. In fact, most people would probably anticipate being burned if they spill coffee on themselves. This is how you end up getting stupid warnings on owners manuals and the like. The coffee might be completely reasonable at 180 degrees, but if the restaurant doesnt warn their customers that coffee is hot, then they might be liable.

F) Regardless, even if you were to find McDonalds negligent under the facts of that case, whether for lack of warning or just having coffee that is too hot, I hardly think that the circumstances justify punitive damages.

G) http://www.seanbaby.com/news/mcdonalds.htm

You can skip everything I wrote and just read the above link. It makes just as much sense and its a lot more amusing. Image

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Goddamned slippery mage.

[This message has been edited by Corth (edited 01-07-2003).]
thanuk
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Postby thanuk » Wed Jan 08, 2003 4:47 pm

I think mcdonalds should sue stella for the damages she caused them when she burned herself with the coffee. The loss in public image, legal fees, settlements, and bad publicity is probably worth lots! And it never would've happened if she didn't burn herself, so its obviously her fault and she should have to pay for her actions.

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Thanuk Pantherclaw

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Postby sok » Thu Jan 09, 2003 1:03 am

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Corth:

G) http://www.seanbaby.com/news/mcdonalds.htm

You can skip everything I wrote and just read the above link. It makes just as much sense and its a lot more amusing. Image

[/B]</font><HR></BLOCKQUOTE>

Wow. that guy was angry. Was this a jury ruling?
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Postby Vahok » Thu Jan 09, 2003 1:36 am

Bottom line, that old bat was a complete, useless tool....actually, scratch that. Tools have a purpose in life; Stella is a waste of air. Ronald McDonald and the Hamburglar should get to kick the crap outta her for 2+ million dollars. Sure, give her a couple bucks to heal her groin, enough said....stuff like that is the problem with the legal system in the States. It's the lottery for the stupid....

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Meatshield
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Postby Pheten » Thu Jan 09, 2003 2:09 am

WARNING WARNING
----------------
Do not press thumb tack into eye, serious damage may result!
Do not ingest thumb tack, serious bowel problems may result!
Do not press thumb tack into others eye or into any other bodily orifice, serious injury and or law suits may result!
----------------------

God save us, no one is responsible for their own actions anymore.
-tdr

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