"They ignored the industry standard. The accepted temperature was either 150 or 160"
- - I don't believe that's the DRIVE THRU industry standard. If memory serves, that's the restaurant standard.
"You are assuming this woman McD's sells extra hot coffee."
- - Yes, she had been there before, and had even spilled coffee on herself before. THAT'S MY BIGGEST ARGUMENT.
"Perhaps she was under the reasonable assumption that McD's would be like most every other restaurant and the coffee she poured in her lap was going to be 20 - 30 degrees cooler."
- - Not a reasonable assumption, per above.
"The plaintiff's lawyer had a McD's official admit on the stand that their coffee at 180+ degrees was not fit for human consumption."
- - Actually, what he "admitted" was that no one was expected to drink it at that temperature. That's the whole thing with the drive thru, you don't drink your coffee right away, or at least you shouldn't.
"This is huge when the product isn't fit for what it is designed for"
- - Which is how the attorney's paraphrased it for the jury in closing arguments. Deceptively and dishonestly.
"The other place they screwed up was in how they argued their case. They essentially said what Elwood has been sayingwhich clearly didnt' go over so well with our jury."
- - Sure, jury looked at BIG CORP v. Little Old Lady...
"If I were arguing their case I would have called on my vast pre-law school McD's coffee pouring experience and pointed out that she unreasonably misused the coffee cup."
- - Too bad you weren't the one.
"If she had used the cup correctly she wouldn't have dumped it."
- - 'nuf said...
Cousin Elwood - Team Over-the-hill Racing
Brought to you by the good folks at Metamucil and Geritol...
- - I don't believe that's the DRIVE THRU industry standard. If memory serves, that's the restaurant standard.
"You are assuming this woman McD's sells extra hot coffee."
- - Yes, she had been there before, and had even spilled coffee on herself before. THAT'S MY BIGGEST ARGUMENT.
"Perhaps she was under the reasonable assumption that McD's would be like most every other restaurant and the coffee she poured in her lap was going to be 20 - 30 degrees cooler."
- - Not a reasonable assumption, per above.
"The plaintiff's lawyer had a McD's official admit on the stand that their coffee at 180+ degrees was not fit for human consumption."
- - Actually, what he "admitted" was that no one was expected to drink it at that temperature. That's the whole thing with the drive thru, you don't drink your coffee right away, or at least you shouldn't.
"This is huge when the product isn't fit for what it is designed for"
- - Which is how the attorney's paraphrased it for the jury in closing arguments. Deceptively and dishonestly.
"The other place they screwed up was in how they argued their case. They essentially said what Elwood has been sayingwhich clearly didnt' go over so well with our jury."
- - Sure, jury looked at BIG CORP v. Little Old Lady...
"If I were arguing their case I would have called on my vast pre-law school McD's coffee pouring experience and pointed out that she unreasonably misused the coffee cup."
- - Too bad you weren't the one.
"If she had used the cup correctly she wouldn't have dumped it."
- - 'nuf said...
Cousin Elwood - Team Over-the-hill Racing
Brought to you by the good folks at Metamucil and Geritol...