PAHS200
Topic Author
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Man Sues McDonald's For 10m

Sat Aug 11, 2007 9:20 pm

http://www.foxnews.com/story/0,2933,292970,00.html

"Jeromy Jackson says he clearly ordered two Quarter Pounders without cheese at a restaurant, and suffered the reaction when he bit into the burger without checking, according to the Charleston Daily Mail."

it sounds kinda set-up...why didn't he lift the bun

also, do the other nations sue so much. I heard it an American thing to sue so much?

michael
 
aloges
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 9:46 pm

Frivolous lawsuit, number 25,761. Yay!  sarcastic 

Quoting PAHS200 (Thread starter):
do the other nations sue so much.

Not mine, as far as I am aware.
Don't cry because it's over, smile because it happened.
 
Wolverine
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 9:48 pm

I can't understand, why someone, who is allergic on cheese, doesn't look under the bun. And mostly the cheese can easily be seen under the bun, 'cause it's not fully covered by the bun..
That really sounds strange to me..
Face your fears, live your dreams! (No Fear)
 
nitrohelper
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 10:06 pm

Quoting PAHS200 (Thread starter):
also, do the other nations sue so much. I heard it an American thing to sue so much?

We have more Lawyers per capita than any other country, they need work !
We should restrict the amount of licenses to file actions, but then of course laws are made by lawyers and judges. I believe congress members shouldn't be allowed to be Lawyers.
They should be ruled a "conflict of interest" by the Supreme Court ! (oops, also Lawyers)
 
767Lover
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 10:22 pm

Of course you can see the cheese without even lifting the bun. This is another BS lawsuit.
 
access-air
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 10:34 pm

Hmm was he at the drive up??? I blame it on his carelessness....If it was a special "grill order" then he might have grounds for something, but I find it difficult to think that he would be knock knock knocking on heaven's door after taking just one bite and discovering cheese on the burger....Unless he made a pig of himself and wolfed the food down and then he realized that it had cheese on it, which still is his fault for not checking when he took the thing out of the wrapper...Common sense would dictate that if you have a special "grill order" you always check it to make sure you got your "grill order".
I used to work at MC-Ds so I am familiar with this process....Sounds like Mr. Jeremy was just too hungry to worry about his food allergy, until he bit down. Besides if you do havea grill order, they usually give you a special ticket attached to your item.
This can teach us all a lesson....and that is if you special order ANYTHING, before you walk out that door or drive away you check over your prurchase because once you leave...You have implied that you have accepted your item as being correct.

What say you???

Access-Air
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EMBQA
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 10:34 pm

Quoting Aloges (Reply 1):
Frivolous lawsuit, number 25,761

Oh no... the one better was on yesterday. A guy has brought a 1M case against 1800 Flowers for sending the receipt to his his wife..... the flowers to his mistress

http://www.foxnews.com/story/0,2933,292891,00.html

[Edited 2007-08-11 15:43:58]
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NIKV69
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 10:37 pm

Quoting Aloges (Reply 1):
Frivolous lawsuit, number 25,761. Yay!

 checkmark  It's amazing what people will do for money.
Hey that guy with the private jet can bail us out! Why? HE CAN AFFORD IT!
 
767Lover
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 10:46 pm

Did a little reading on cheese allergy and apparently the histamines that cause a reaction are dose-related, and usually not life threatening. I seriously doubt that he was near death from taking one bite.

Besides, if you are "deathly allergic" to something, wouldn't you as a matter of routine always check to make sure your food is correct before you eat it?
 
aloges
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 10:58 pm

Quoting 767Lover (Reply 8):
Besides, if you are "deathly allergic" to something, wouldn't you as a matter of routine always check to make sure your food is correct before you eat it?

Please, you're applying logic here. That's nothing a good lawyer can't talk you out of. If I had a severe allergy, I would definitely entrust my life to burger flippers and never check if my order came out right!  Wink
Don't cry because it's over, smile because it happened.
 
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HAWK21M
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 11:07 pm

Quoting PAHS200 (Thread starter):
do the other nations sue so much.

Not here  Smile

Was the Alergy because of the cheese.Shouldn't the taste be known on the bite Smile
regds
MEL
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MD11Engineer
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 11:08 pm

Very simple solution:

Fixed charging scales for lawyers (no percentage from the amount won) and making the loser pay for everything, including his opponent's court and lawyer fees (you can introduce a state legal aid for poor people, who else could not pay a lawyer if they need to sue somebody, but in this case make the aid to be approved by a judge, if the case has enough probability to be won and make the aid depending on the income, e.g. I just finished paying back my court ald lawyer fees from a labour court case I had won a few years ago (German labour law has one big excemption: to prevent people running straight to court if they have a little conflict with their boss, in the first level of labour court each party pays his own bills, from the next level on the loser pays everything). Back then I was broke and qualified for state legal aid for sueing my ex-boss for wages not paid and an illegal sacking. So, while I won, received the back pay owed to me and the firing was converted into a mutualy agreed disolution of my working contract, the my lawyer fees were covered by the state. But two years later I received a letter by said labour court obliging me to state my (now much better) financial situation. After receiving the answer, the labour court decided that I could now pay back my debt at Euro 200 per month.
If my situation would still have been bad, the court has thirty years to get the money back.

And, another thing: Get rid of punititve damage compensations. Pay the damaged party exactly for the damage suffered (maybe like here using a table, arm lost so and so many Euros, eye lost so and so many Euros etc., compensation for emotional or psychological damages is rarely awarded over here).
If the court feels that it is necessary to financially punish a guilty party because he broke a law, keep it seperate from the compensation of damages. Fine the guilty party and pay it into the state kitty.

Jan
Je Suis Charlie et je suis Ahmet aussi
 
halls120
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RE: Man Sues McDonald's For 10m

Sat Aug 11, 2007 11:59 pm

Quoting PAHS200 (Thread starter):
I heard it an American thing to sue so much?

Thanks to the enormous number of sleazy tort lawyers in the United States.

Quoting Access-Air (Reply 5):
Unless he made a pig of himself and wolfed the food down and then he realized that it had cheese on it, which still is his fault for not checking when he took the thing out of the wrapper...Common sense would dictate that if you have a special "grill order" you always check it to make sure you got your "grill order".

How dare you suggest that anyone in this day and age employ common sense, and exhibit just a bit of personal responsibility?

Quoting MD11Engineer (Reply 11):
And, another thing: Get rid of punititve damage compensations.

As appealing as it sounds, I wouldn't get rid of punitives altogether, since there are some instances where a company has hugely deep pockets and can afford to pay actual damages. Remember the Ford Pinto?
"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." Mark Twain, a Biography
 
MD11Engineer
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 12:29 am

Quoting Halls120 (Reply 12):
Quoting MD11Engineer (Reply 11):
And, another thing: Get rid of punititve damage compensations.

As appealing as it sounds, I wouldn't get rid of punitives altogether, since there are some instances where a company has hugely deep pockets and can afford to pay actual damages. Remember the Ford Pinto?

Point taken. But here, instead of awarding the punitive damage money to the victim as an excessive compensation, the offender is being fined and the money goes into the state budget. Alternatively e.g. the court of law can order the offender to pay a set amount (decided by the court) to a charity named by the court.So, while the offender would be punished by paying a large fine, the victim would not additionally profit from it.

Basically you have to look at a damage lawsuit as two cases in one as it was explained to me once by a German lawyer):

1) The first case the victim versus the offender. The victim suffered a damage and needs to be compensated for e.g.
material damage and pain suffered. In Germany law distinguishes between material damages, e.g. the repair of a
damaged car, or the medical expenses for treating an injury, all which will have to be proven.
The other item are immaterial damages, Schmerzensgeld (Pain money), which is decided by the court as a means
of satisfaction to the victim, but usually based on precedents.
E.g. the German equivalent of the AA, the ADAC publishes a table of pain money awards handed out by courts,
which is also being used by courts of law as a base for their decision. Generally pain money awards are much
lower than in the US.



2)Since the offender usually also broke one or more laws or regulation while causing the damage, there exists also
a second lawsuit, the offender versus the state. This part has a more preventive function, e.g. to make sure that
the offender doesn't break the laws anymore and to serve as a warning to others ("Breaking the law can be
expensive!"). The court of law fines the offender, but the fine goes either to the state budget or the court can
order the amount to be paid to a charity, usually picked by the victim or prosecutor.


So, while the victim will get his damages compensated, there is little incentive to sue somebody as a "get rich fast" scheme.

Jan
Je Suis Charlie et je suis Ahmet aussi
 
ANother
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 12:44 am

Quoting Nitrohelper (Reply 3):
We have more Lawyers per capita than any other country, they need work !

Er, you have more lawyers within the beltway than all those in Japan.

The courts should be used as a last resort when two parties cannot come to an agreement when one feels that it has been harmed. They should not be used as an opening 'card'.

How may times have I read "xxx refused to comment, saying they had not seen the complaint". Leave the courts, and the media, out of it. You got a problem, talk about it.
 
sw733
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 12:53 am

Quoting Aloges (Reply 1):
Frivolous lawsuit, number 25,761.

Hell, that number is just for today.

Quoting Wolverine (Reply 2):
I can't understand, why someone, who is allergic on cheese, doesn't look under the bun

Yeah seriously...you're allergic to something, you check it before eating it. This guy is either chasing the money or an idiot, or both.
 
CaptainJon
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 1:13 am

American Cheese isn't even cheese. The wrapper even says cheese product, which is gross. I don't even want to know what it is.
 
YYZflyer
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 1:59 am

Quoting Wolverine (Reply 2):
I can't understand, why someone, who is allergic on cheese, doesn't look under the bun

Exactly. I hope the judge has enough common sense to realize this.

"After getting the food, the three drove to Clarksburg and started to eat the food in a darkened room where they were going to watch a movie, Houston said."
Hmmm, how convenient for them.  Yeah sure

Fast food restaurants should put up a sign in small writing that says that once the customer leaves the property, they have agreed that their order is correct (as others said), even if they haven't checked it.

Does this kind of lawsuit happen anywhere but the US??
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Duff44
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 5:52 am

Quoting PAHS200 (Thread starter):
also, do the other nations sue so much. I heard it an American thing to sue so much?

Because American judges let stupid 'victimized' people get away with it.
I'll rassle ya for a bowl of bacon!
 
N1120A
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 6:07 am

Quoting PAHS200 (Thread starter):
also, do the other nations sue so much. I heard it an American thing to sue so much?

Other countries put people in jail for what would otherwise be a tort action here in the US. You choose: excessive governmental regulation or a market based alternative that actually works?

Quoting PAHS200 (Thread starter):
why didn't he lift the bun

Good question, and I am sure that will be used as evidence against his claim.

Quoting Nitrohelper (Reply 3):
We have more Lawyers per capita than any other country,

More like we call more people lawyers than any other country.

Quoting Nitrohelper (Reply 3):
We should restrict the amount of licenses to file actions,

Oh learn something about the legal system before spouting off this kind of statement.

Quoting EMBQA (Reply 6):
A guy has brought a 1M case against 1800 Flowers for sending the receipt to his his wife..... the flowers to his mistress

Hey, they likely did cause significant pecuniary loss because of their negligence. If the suit fits the test for negligence, then he sure as hell should be compensated.

Quoting MD11Engineer (Reply 11):
Fixed charging scales for lawyers (no percentage from the amount won)

You know what that means? It means redress will only be available for those who can afford a lawyer and/or the expenses of litigation, locking those without money out of the legal system. It also means you will get lawyers who less zealously advocate for their clients, because there will be no reward for winning the case. Further, it means you will may well get more frivilous claims because lawyers will no longer be taking any of the risk in the case and will merely collect their hourly rate without any mind to whether their client will win. Finally, it takes away freedom of contract, which is almost never a good thing.

Quoting MD11Engineer (Reply 11):
and making the loser pay for everything

Which would, once again, discourage potentially meritorious claims.

Quoting MD11Engineer (Reply 11):
And, another thing: Get rid of punititve damage compensations

Not a chance. General damages are there to discourage tortious behavior in a way that special damages just can't. Further, by creating a system of fines to replace general damages, you are increasing the amount of government regulation significantly.

Quoting CaptainJon (Reply 16):
American Cheese isn't even cheese. The wrapper even says cheese product, which is gross. I don't even want to know what it is.

It starts out as cheddar.
Mangeons les French fries, mais surtout pratiquons avec fierte le French kiss
 
AirframeAS
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 6:13 am

Quoting Aloges (Reply 1):
Frivolous lawsuit, number 25,761...

No, No, No....you got it all wrong. Its more like 25,761,874,221,907,445,666th frivolous lawsuit.  rotfl 
A Safe Flight Begins With Quality Maintenance On The Ground.
 
aloges
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 6:25 am

Quoting AirframeAS (Reply 20):
666th

I seeeee....  devil  THE DAY HATH COME!!!  Wink
Don't cry because it's over, smile because it happened.
 
MD11Engineer
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 6:56 am

Quoting N1120A (Reply 19):
Quoting MD11Engineer (Reply 11):]
Fixed charging scales for lawyers (no percentage from the amount won)

You know what that means? It means redress will only be available for those who can afford a lawyer and/or the expenses of litigation, locking those without money out of the legal system. It also means you will get lawyers who less zealously advocate for their clients, because there will be no reward for winning the case. Further, it means you will may well get more frivilous claims because lawyers will no longer be taking any of the risk in the case and will merely collect their hourly rate without any mind to whether their client will win. Finally, it takes away freedom of contract, which is almost never a good thing.


The scales are set up by the bar association and are based on a "Streitwert", a monetary equivalent about the value the case is about, by the judge. Funny thing is that cases like this and others would regularly been thrown out of court anyway, so the lawyers will advise the clients not to waste their time with pursuing the case.



Did you read my post about legal aid in Germany? Obviously there are people around here (I was one some years ago when I was illegaly dismissed by my ex boss and left without pay for months) who could normally not initiate legal action and press for their claims due to lack of funds. In this case the lawyer has a form for "Prozesskostenhilfe". You state your financial status and the form will he given to the respective court of law. There a judge will decide if your lawsuit has a probability of winning (already excluding spurious lawsuits) and, if accepted, all your legal fees will be paid for by the government. This aid is given under certain cautions: As long as you still owe money to the court, they will send you a similar form every thwo years, checking your financial status. If you are still unemployed, after a few years the government will waive their claims. If your income is better again, they will demand of you to pay the ddebt back on installment base (this is what happened to me. I won the case, but since it was the first level of labour court I had to pay my own bills, but couldn't at first. About a year later I was again working and earning well, so they decided that I couldclear my debt in affordable 200 Euros per month. I just finished paying it last month). In case you win (except labour court), the other party will have to pay your bill anyway.

Quoting N1120A (Reply 19):
Quoting MD11Engineer (Reply 11):]
Quoting MD11Engineer (Reply 11):
and making the loser pay for everything

Which would, once again, discourage potentially meritorious claims.

See above. A competent lawyer should be able to tell the client if his case has any chance in winning in court and when it would be advisable not to pursue it any further.
Any lawsuit has an element of risk.

Quoting N1120A (Reply 19):
Quoting MD11Engineer (Reply 11):]
Quoting MD11Engineer (Reply 11):
And, another thing: Get rid of punititve damage compensations

Not a chance. General damages are there to discourage tortious behavior in a way that special damages just can't. Further, by creating a system of fines to replace general damages, you are increasing the amount of government regulation significantly.

This is what fines and criminal punishment are for. Not a "get rich quickly" scheme for the victims or their lawyers.
Damages are just there to compensate the victim for what he lost and to give him a certain satisfaction, not to make Joe Sixpack factory worker an instant millionaire by giving him money he would have never earned in his lifetime.

The system, as I have described, is the one we use over here and it is working quite well, with a lot of common sense included.

One the other hand, with you either being a lawyer or being on the way to become one, I see that you can profit from the existing system.

Jan
Je Suis Charlie et je suis Ahmet aussi
 
halls120
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 7:04 am

Quoting MD11Engineer (Reply 13):
Point taken. But here, instead of awarding the punitive damage money to the victim as an excessive compensation, the offender is being fined and the money goes into the state budget.

An excellent idea. But it will never happen, because the legion of tort lawyer lobbyists would kill it long before it reached the floor of Congress.

What we need it for states to take up the reform effort.

Quoting MD11Engineer (Reply 22):
One the other hand, with you either being a lawyer or being on the way to become one, I see that you can profit from the existing system.

He's a graduate of a law school, waiting to see if he passed the Bar exam last month.

Hopefully he won't sell his soul and become a plaintiff's tort lawyer.
"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." Mark Twain, a Biography
 
MD11Engineer
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 7:06 am

Quoting N1120A (Reply 19):
Quoting MD11Engineer (Reply 11):
and making the loser pay for everything

Which would, once again, discourage potentially meritorious claims.

The system you have, everybody pays for himself, can also be used to blackmail somebody.

E.g. I'm innocent, but somebody threatens to sue me. I need to hire a lawyer. Eventually I win, but still have to pay all of my lawyer's bills.
So I rather give in, if it looks like the lawyer's bill could be higher than the amount demanded of me illegaly.

Jan
Je Suis Charlie et je suis Ahmet aussi
 
PSA53
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 7:11 am

Quoting MD11Engineer (Reply 24):
. Eventually I win, but still have to pay all of my lawyer's bills.

At $250.00+ per hour which is criminal in itself.Justice at its best.
Tuesday's Off! Do not disturb.
 
halls120
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 7:17 am

Quoting MD11Engineer (Reply 24):
Quoting N1120A (Reply 19):
Quoting MD11Engineer (Reply 11):
and making the loser pay for everything

Which would, once again, discourage potentially meritorious claims.


The system you have, everybody pays for himself, can also be used to blackmail somebody.

E.g. I'm innocent, but somebody threatens to sue me. I need to hire a lawyer. Eventually I win, but still have to pay all of my lawyer's bills.
So I rather give in, if it looks like the lawyer's bill could be higher than the amount demanded of me illegaly.

Look no further than the absurd trousers suit in DC to see an excellent example of the above concept in action.
"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." Mark Twain, a Biography
 
access-air
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 7:31 am

Quoting Halls120 (Reply 12):
Quoting Access-Air (Reply 5):
Unless he made a pig of himself and wolfed the food down and then he realized that it had cheese on it, which still is his fault for not checking when he took the thing out of the wrapper...Common sense would dictate that if you have a special "grill order" you always check it to make sure you got your "grill order".

How dare you suggest that anyone in this day and age employ common sense, and exhibit just a bit of personal responsibility?

Youre right how silly of me to think anyone would use common sense...LOL....

Quoting YYZflyer (Reply 17):
Fast food restaurants should put up a sign in small writing that says that once the customer leaves the property, they have agreed that their order is correct (as others said), even if they haven't checked it.

I think I mentioned something to this same statement....Once you leave, any and all mis orders or mistakes in that order are not the fault of the business...
When wil people stiop being victims and start taking responsibility for themselves???? It all make sme sick......

Access-Air
Remember, Wherever you go, there you are!!!!
 
PSA53
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 7:52 am

Quoting Access-Air (Reply 27):
Quoting YYZflyer (Reply 17):
Fast food restaurants should put up a sign in small writing that says that once the customer leaves the property, they have agreed that their order is correct (as others said), even if they haven't checked it.

I think I mentioned something to this same statement....Once you leave, any and all mis orders or mistakes in that order are not the fault of the business...

Do you know how many signs, either by company policy, or local,state and federal governments, are put up in the stores now due from lawsuits in some form or another?Were turning into a dictatorship thanks to lawyers.

Quoting Access-Air (Reply 27):
When wil people stiop being victims and start taking responsibility for themselves???? It all make sme sick......

 checkmark 
Tuesday's Off! Do not disturb.
 
kmh1956
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 7:55 am

Quoting Access-Air (Reply 5):
I find it difficult to think that he would be knock knock knocking on heaven's door after taking just one bite and discovering cheese on the burger.

Both my sister and my niece are lactose-intolerant and do get violent reactions to anything that contains a milk product...stomach pains that have them doubled over andvomiting that lasts hours. It doesn't take much to set it off. However, it is NOT a life-threatening condition in the way that people who have peanut alleriges are.

Having said that, both of them check what they have ordered before eating when they go out. If it's been cooked in butter, or if they've put cheese on the pizza (after being asked not to) they go back to the kitchen....

Oops!!! that's common sense, though.
'Somebody tell me why I'm on my own if there's a soulmate for everyone' :Natasha Bedingfield
 
L-188
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 8:32 am

Quoting N1120A (Reply 19):
Quoting PAHS200 (Thread starter):
why didn't he lift the bun

Good question, and I am sure that will be used as evidence against his claim

I have a kid brother who insists on order a plain hamburger even at McD's. He checks his sandwich.

Quoting N1120A (Reply 19):
Quoting EMBQA (Reply 6):
A guy has brought a 1M case against 1800 Flowers for sending the receipt to his his wife..... the flowers to his mistress

Hey, they likely did cause significant pecuniary loss because of their negligence. If the suit fits the test for negligence, then he sure as hell should be compensated

I can't bump that one from the stupid lawsut file just yet. I suspect that what he did was buy the flowers on a credit card and the buisness sent the thank you to the billing address on the card.

Sort of the similar to the trouble that Jerry Springer got into when he was mayor and he paid that hooker with a check.
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sw733
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 8:47 am

I just got some Burger King (too hot in Kansas to cook tonight), and asked for no onions...and guess what, I checked before I ate! And I'm not even alllergic, I just don't like them!
 
PAHS200
Topic Author
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 9:49 am

Quoting Aloges (Reply 1):
Frivolous lawsuit, number 25,761

thats only for the USA

Quoting CaptainJon (Reply 16):
American Cheese isn't even cheese. The wrapper even says cheese product, which is gross. I don't even want to know what it is.

 yes   yuck 

Quoting N1120A (Reply 19):
Oh learn something about the legal system before spouting off this kind of statement.

yup...

Quoting N1120A (Reply 19):
Quoting EMBQA (Reply 6):
A guy has brought a 1M case against 1800 Flowers for sending the receipt to his his wife..... the flowers to his mistress

Hey, they likely did cause significant pecuniary loss because of their negligence. If the suit fits the test for negligence, then he sure as hell should be compensated.

if I understand you... you back his stupid lawsuit
 
Tom12
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 10:51 am

His own fault, self inflicted. If he's allergic the respocibility lies with him to make sure he isn't eating cheese!

Bloody idiot. Sounds like he's just trying to get some cash. Set-up
"Per noctem volamus" - Royal Air Force Bomber Squadron IX
 
N231YE
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RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 11:05 am

As stated above, sounds like a typical, get-rich scheme:

Quote:
A Morgantown man, his mother and his friend are suing McDonald's for $10 million.

His mother Trela Jackson and friend Andrew Ellifritz are parties to the lawsuit because they say they risked their lives rushing Jeromy to United Hospital Center in Clarksburg.

Driver: "Okay...I am entitled to a cut of several million for driving him to the hospital." Passenger: "I am entitled just because I was in that car"  sarcastic 

Quote:
McDonald's representatives offered to pay half of Jeromy's medical bills -- which totaled about $700. When Houston became involved, he said the company offered to pay all the medical costs.

^^^Sounds fair enough to me, despite this dumbass failed to look at the burger before eating it. If I had an allergy problem that could spell death like this, I'd always look first.^^^

...and you know who will ultimately pay? You and me, when McDonald's raises its prices to cover the costs. Crap like this is why so much stuff is very expensive...to cover past lawsuits that were bogus.
 
MaidensGator
Posts: 848
Joined: Fri Jan 12, 2007 12:02 pm

RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 11:56 am

Quoting MD11Engineer (Reply 11):
you can introduce a state legal aid for poor people, who else could not pay a lawyer if they need to sue somebody

Like medicaid for lawyers? I like that idea, it might be easier to get the money from the state than some of my clients....

Quoting MD11Engineer (Reply 13):
Since the offender usually also broke one or more laws or regulation while causing the damage, there exists also
a second lawsuit, the offender versus the state.

In tort cases, I doubt that the defendant "usually" broke a law. In the case we're discussing, it's probably not against the law to mistakenly put cheese on a burger... If somebody slips and falls in Walmart, no law broken. Car accident, maybe... Malpractice, probably not....

Quoting N1120A (Reply 19):
Quoting Nitrohelper (Reply 3):
We should restrict the amount of licenses to file actions,

Oh learn something about the legal system before spouting off this kind of statement.

 checkmark  checkmark  checkmark 

Quoting Halls120 (Reply 23):
Quoting MD11Engineer (Reply 13):
Point taken. But here, instead of awarding the punitive damage money to the victim as an excessive compensation, the offender is being fined and the money goes into the state budget.

An excellent idea. But it will never happen, because the legion of tort lawyer lobbyists would kill it long before it reached the floor of Congress.

What we need it for states to take up the reform effort.

In my state, a plaintiff has to make an evidentiary showing of justification for punitives and get the Court's permission to amend the Complaint to add punitive damages.... It's a start... In the grand scheme of things, punitives are rare. There are many more large pain and suffering awards, but if somebody cripples you for life, you should be compensated generously... And no, I'm not a PI lawyer...

Quoting MD11Engineer (Reply 24):
Quoting N1120A (Reply 19):
Quoting MD11Engineer (Reply 11):
and making the loser pay for everything

Which would, once again, discourage potentially meritorious claims.

The system you have, everybody pays for himself, can also be used to blackmail somebody.

I can only speak for my state, but I've gotten fee awards for defending frivolous lawsuits, simply because they had no meritorious basis....

Quoting PSA53 (Reply 25):
Quoting MD11Engineer (Reply 24):
. Eventually I win, but still have to pay all of my lawyer's bills.

At $250.00+ per hour which is criminal in itself.Justice at its best.

Next time you're sued or arrested, defend yourself.... You get what you pay for...

The case discussed is in the news simply because it is so ludicrous. Jeromy took one bite and started having the reaction, Houston said. One of the three immediately called the McDonald's to let restaurant employees know they had messed up the order. . . He must have been in bad shape if they called McD's instead of an ambulance...
The first thing we do, let's kill all the lawyers.
 
L-188
Posts: 29874
Joined: Wed Jul 07, 1999 11:27 am

RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 12:41 pm

Quoting MaidensGator (Reply 35):
Next time you're sued or arrested, defend yourself.... You get what you pay for...

What was that line of Gomez's from the Adams Family movie????

Oh yeah.

"They say that a man who is his own lawyer has a fool for a client.....as the lord is my witness.....I AM THAT FOOL!!!
OBAMA-WORST PRESIDENT EVER....Even SKOORB would be better.
 
MD11Engineer
Posts: 13916
Joined: Sun Oct 26, 2003 5:25 am

RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 8:51 pm

Quoting MaidensGator (Reply 35):
Quoting MD11Engineer (Reply 11):
you can introduce a state legal aid for poor people, who else could not pay a lawyer if they need to sue somebody

Like medicaid for lawyers? I like that idea, it might be easier to get the money from the state than some of my clients....

Yup. I just give an example from myself: A few years ago an ex-boss wanted to get rid of me. Since he didn't have a legal reason to do so, he suspended me (telling me not to come to work) and paid me only half of my salary (no shift allowances), hoping that I would quit on my own and he would save the severance payment (aafter I initiated legal action to get my back pay, he fired me).
After trying to negotiate in good faith for two months or so, I realised that I needed to take legal action and went to a lawyer. By this time I was pretty broke. Normally in Germany lawyers calculate an estimate of their expenses, using the tables from the bar association, and demand an advance (in my case it would have been something around 2000 Euros). Since I told him that, due to my boss not paying me, I was broke, he gave me the legal aid forms, which I filled in, with bank statements, proof of necessary expenses (e.g. my child support pqayments, receipts for the rent of my flat, insurance payments, loan payments, everything I was receiving or obliged to pay had to be proven by receipts).
Then he sent these forms, together with my complaint, to labour court.
A judge decided that the court would accept the case and at the same time decided that I was qualified for the legal aid.
The whole thing went through due process and I won. The firing had to be reversed and was converted into a mutually agreed disolvement of the working contract (by this time I also had enough of this boss and didn't want to work for him anymore).
I also received a compensation, not as high as I expected though (about 10.000 Euros).
I could have pursued the case at the next court level to get a higher compensation, but my lawyer advised me against it, saying that the possible increase of the compensation would not outweigh the risk of losing (and paying the opponent's bills, only in the first level of labour court is the usual maxime of the loser pays everything in German courts not used. At the first level of labour court every party pays their own lawyers).
The lawyer got paid promptly by the state.

Now a few weeks later I had a new job with a different company.
About a year later I received mail from the labour court. It was again a legal aid application form. I had to fill it in with my new income details (now much better due to the new job).
The judge now decided that with my new income and given my previous financial obligations, I could afford to pay 200 Euros a month to pay back my debts with the court (about 3000 Euros), which I did and just finished last month.
If I would have been on social welfare or dole money or my income would have been too low, they would have sent me those forms for a few years more, and with no change, eventually cancelled the debt.
The whole thing is called "Prozesskostenhilfe" and is intended to enable people, who normally could not afford a lawyer, to fight for their rights. Obviously the judge, who decides if the aid is granted, also checks if the complaint has a certain chance of winning. Nonsense cases get thrown out right away and the aid denied (but in this case I expect a competent lawyer to tell me straight away that I have no chance of winning and not to make a fool out of myself).


Jan
Je Suis Charlie et je suis Ahmet aussi
 
freckles
Posts: 268
Joined: Tue Jun 26, 2007 6:29 am

RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 10:30 pm

Quoting SW733 (Reply 31):
I just got some Burger King (too hot in Kansas to cook tonight), and asked for no onions...and guess what, I checked before I ate! And I'm not even alllergic, I just don't like them!

Sensible  checkmark 

If you don't like something, then you check... If you're allergic to something, that's even more reason to check!
Idiot.
 
nitrohelper
Posts: 406
Joined: Tue Mar 08, 2005 5:32 am

RE: Man Sues McDonald's For 10m

Sun Aug 12, 2007 11:32 pm

Quoting N1120A (Reply 19):
Oh learn something about the legal system before spouting off this kind of statement.

Thanks for your uninformed admonition.

I worked for eight years as an expert in construction litigation. After spending thousands of hours with some brilliant litigators, many average attorneys ,and a few "bloodsuckers", I stand by my statement.
Prior to that job , I worked for one of the largest Architecture and Engineering companies in the USA ,one of my duties as the person in charge of construction was to supervise our legal staff during litigation.
Since I have been involved with more than a Billion dollars in legal actions, I do know a little bit about our legal system.
 
canuckpaxguy
Posts: 1482
Joined: Sat Sep 06, 2003 2:31 pm

RE: Man Sues McDonald's For 10m

Mon Aug 13, 2007 5:08 am

Add this to the list of Stella Awards!

The Stella Awards were inspired by Stella Liebeck. In 1992, Stella, then 79, spilled a cup of McDonald's coffee onto her lap, burning herself. A New Mexico jury awarded her $2.9 million in damages, but that's not the whole story. Ever since, the name "Stella Award" has been applied to any wild, outrageous, or ridiculous lawsuits -- including bogus cases! We search for true cases, and you can subscribe by e-mail for free to get the case reports as they're issued.

G
 
KaiGywer
Crew
Posts: 11182
Joined: Sun Oct 26, 2003 9:59 am

RE: Man Sues McDonald's For 10m

Mon Aug 13, 2007 10:08 pm

Quoting EMBQA (Reply 6):
A guy has brought a 1M case against 1800 Flowers for sending the receipt to his his wife..... the flowers to his mistress

Oops  Smile
“Once you have tasted flight, you will forever walk the earth with your eyes turned skyward, for there you have been, an
 
Dougloid
Posts: 7248
Joined: Tue Jul 05, 2005 2:44 am

RE: Man Sues McDonald's For 10m

Mon Aug 13, 2007 10:21 pm

I wonder whether West Virginia still follows the foreign-natural rule. If ever there was a case for application of it this is it.
If you believe in coincidence, you haven't looked close enough-Joe Leaphorn
 
N1120A
Posts: 26467
Joined: Sun Dec 14, 2003 5:40 pm

RE: Man Sues McDonald's For 10m

Tue Aug 14, 2007 1:30 am

Quoting MD11Engineer (Reply 22):
The scales are set up by the bar association and are based on a "Streitwert", a monetary equivalent about the value the case is about, by the judge.

Which means extra government regulation of the freedom of contract. How come capitalism should apply to everyone but lawyers?

Quoting MD11Engineer (Reply 22):
. A competent lawyer should be able to tell the client if his case has any chance in winning in court and when it would be advisable not to pursue it any further.
Any lawsuit has an element of risk.

Sure, but many potentially meritorious lawsuits still do lose in court.

Quoting MD11Engineer (Reply 22):
This is what fines and criminal punishment are for. Not a "get rich quickly" scheme for the victims or their lawyers.

Again, that means more government regulation into the lives of people. You can't throw corporations into jail and fining them means you take money out of the economy. No thank you.

Quoting PSA53 (Reply 25):
At $250.00+ per hour which is criminal in itself

Do you have any idea the expenses private lawyers acrue? How about the level of education? Or how about looking back at the law of supply and demand and realize the prices are set at what the market can bear, probably lower in fact.

Quoting Halls120 (Reply 26):
Look no further than the absurd trousers suit in DC to see an excellent example of the above concept in action.

They shifted fees in that suit because of its lack of merit

Quoting MaidensGator (Reply 35):
I can only speak for my state, but I've gotten fee awards for defending frivolous lawsuits, simply because they had no meritorious basis....

Absolutely. Fee shifting is always available but should never be the rule.

Quoting MaidensGator (Reply 35):


Next time you're sued or arrested, defend yourself.... You get what you pay for...

Exactly.

Quoting Nitrohelper (Reply 39):
I do know a little bit about our legal system.

Didn't seem like if from your post.
Mangeons les French fries, mais surtout pratiquons avec fierte le French kiss
 
D L X
Posts: 11629
Joined: Thu May 27, 1999 3:30 am

RE: Man Sues McDonald's For 10m

Tue Aug 14, 2007 1:46 am

As for the suit itself, the negligence claim, I can see. The guy should (and probably will) lose it, but it at least makes sense. As for intentional infliction of emotional distress? BWAH HAH HA HA HA!! There's not way. At least not from the facts of this news article. For one, IIED has to be *intentional.* The only way that this guy could possibly win on that claim is if he got in an argument with the McDonald's people, and they purposely put cheese on the sandwich because they knew the guy would have a reaction. McDonald's won't be liable for this guy's injuries unless it was foreseeable that putting cheese on the burger would have caused him to get sick.

Quite simply, if you have a deathly allergy to something that the vast majority of others are not allergic to, but rather enjoy, it is on you to take care of yourself.


This is the thing about lawsuits for me (as a lawyer). Nearly all of the bullshit lawsuits that you guys complain about are the result of the new belief in America that the world is supposed to take care of them, and so they don't have to take care of themselves. But in general, I would say that the bullshit lawsuits are a very slim minority of lawsuits filed -- and that's why they are newsworthy.

Quoting PAHS200 (Thread starter):
why didn't he lift the bun

Ding ding ding!

Quoting PAHS200 (Thread starter):
do the other nations sue so much.

No. People from other nations tend to take care of themselves instead of expecting companies to do it for them.
 
halls120
Posts: 8724
Joined: Sun Jun 05, 2005 3:24 am

RE: Man Sues McDonald's For 10m

Tue Aug 14, 2007 2:02 am

Quoting N1120A (Reply 43):
Quoting Halls120 (Reply 26):
Look no further than the absurd trousers suit in DC to see an excellent example of the above concept in action.

They shifted fees in that suit because of its lack of merit

WTF are you talking about? The court hasn't ruled on this issue yet.

Quote:
After two days of tedious testimony, the judge elected to draft a written decision. Almost two weeks later, she issued a 23-page ruling finding that Pearson was not entitled to any money. Pearson may appeal the ruling.

The Chungs have asked the court to order Pearson to pay their attorneys' fees, arguing that Pearson acted in bad faith in suing the family.

The judge has not ruled on the Chungs' request, and Pearson has been given an extension to file his response to the Chungs' motion. Ordering a losing plaintiff to pay attorneys' fees is unusual and would require the judge to find that the case was frivolous.

http://www.washingtonpost.com/wp-dyn...le/2007/08/07/AR2007080701156.html
"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." Mark Twain, a Biography
 
D L X
Posts: 11629
Joined: Thu May 27, 1999 3:30 am

RE: Man Sues McDonald's For 10m

Tue Aug 14, 2007 2:57 am

Quoting MD11Engineer (Reply 11):
Fixed charging scales for lawyers (no percentage from the amount won)

I really don't get why people are so crazed about the contingency fee system, considering that this system puts the lawyer's interests in the case in exact alignment with the plaintiff's, and allows poor plaintiffs to get a lawyer when they otherwise couldn't afford one.

Quoting MD11Engineer (Reply 11):
And, another thing: Get rid of punititve damage compensations. Pay the damaged party exactly for the damage suffered (maybe like here using a table, arm lost so and so many Euros, eye lost so and so many Euros etc., compensation for emotional or psychological damages is rarely awarded over here).

BAD idea. Think about the analogy: A parking meter costs 1 Euro an hour. You plan to park for 2 hours. There are two options the government can take if they catch you at an expired meter - make you pay 2 Euros for 2 hours of parking, or make you pay 20 Euros for violating the meter (punitive damages). If the government only charged you 2 Euros when they caught you, would anyone ever bother feeding the meter?

Quoting N1120A (Reply 19):
Other countries put people in jail for what would otherwise be a tort action here in the US. You choose: excessive governmental regulation or a market based alternative that actually works?

That's a really good point. For instance, didn't they just execute a bureaucrat in China for tainted food?
 
D L X
Posts: 11629
Joined: Thu May 27, 1999 3:30 am

RE: Man Sues McDonald's For 10m

Tue Aug 14, 2007 3:04 am

Quoting MD11Engineer (Reply 24):
The system you have, everybody pays for himself, can also be used to blackmail somebody.

E.g. I'm innocent, but somebody threatens to sue me. I need to hire a lawyer. Eventually I win, but still have to pay all of my lawyer's bills.

If the lawsuit against you was not filed in good faith, you can countersue them for vexatious or malicious litigation. You'll get your attorney's fees back, and in some cases I believe you can get punitive damages too.

The system is oh so elegant.  Smile
 
halls120
Posts: 8724
Joined: Sun Jun 05, 2005 3:24 am

RE: Man Sues McDonald's For 10m

Tue Aug 14, 2007 3:45 am

Quoting D L X (Reply 46):
Quoting MD11Engineer (Reply 11):
Fixed charging scales for lawyers (no percentage from the amount won)

I really don't get why people are so crazed about the contingency fee system, considering that this system puts the lawyer's interests in the case in exact alignment with the plaintiff's, and allows poor plaintiffs to get a lawyer when they otherwise couldn't afford one.

How about the fact that contingency fee system serves as an incentive for the lawyer to see how high he or she can jack up the settlement, since the higher the award, the more $$$ in his/her pocket?

How about the fact that a lawyer will only take contingency fee cases on that have a reasonable guarantee of success? So much for your "the poor get a lawyer" argument.

How about the fact that the contingency fee in most cases is pure profit - how the lawyer's claimed "expenses" -- copying, filing costs, expert witness fees, and so forth -- are, at settlement, added to the contingency fee itself?

Doctors don't take on patients on a contingency fee basis - why should lawyers?
"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." Mark Twain, a Biography
 
D L X
Posts: 11629
Joined: Thu May 27, 1999 3:30 am

RE: Man Sues McDonald's For 10m

Tue Aug 14, 2007 4:00 am

Quoting Halls120 (Reply 48):
How about the fact that contingency fee system serves as an incentive for the lawyer to see how high he or she can jack up the settlement, since the higher the award, the more $$$ in his/her pocket?

There's still someone on the other side whose job is to ensure that the plaintiff and his lawyers get no recovery at all. The result is that settlements should be in line with their real value (in this case, nearly nil). It's the occasional case where the settlement is wildly out of line that makes the press, and even in those cases, the press often fails to report that the judge knocked the payout down. (How much did that lady get in the McDonald's case? A couple hundred thou, now a couple mil.)

Quoting Halls120 (Reply 48):
How about the fact that a lawyer will only take contingency fee cases on that have a reasonable guarantee of success? So much for your "the poor get a lawyer" argument.

I disagree. If the poor guy doesn't have a case, it's not because he's poor, it's because he doesn't have a case. Poor people with loser cases shouldn't have lawyers representing them just like rich people with loser cases. So, I'm not bothered when the poor guy can't get a case in that situation.

Quoting Halls120 (Reply 48):
How about the fact that the contingency fee in most cases is pure profit

Surely you don't think the lawyer should work for free. You don't work for free, do you?

Quoting Halls120 (Reply 48):
Doctors don't take on patients on a contingency fee basis - why should lawyers?

Come on Halls...  Smile

Doctors are in no way analogous to lawyers. Doctors do not work in an adversarial profession. If anything, doctors are worse: they take your money even if you "lose!"

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