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the real stella
By: wendy - 12/22/2004, 17:06:33 In reply to AirborneVespanext>>
Stella was not driving when she pulled the lid off her scalding McDonald's coffee. Her grandson was driving the car, and he had pulled over to stop so she could add cream and sugar to the cup.
Stella was burned badly (some sources say six percent of her skin was burned, other sources say 16 percent was) and needed two years of treatment and rehabilitation, including skin grafts. McDonald's refused an offer to settle with her for $20,000 in medical costs.
McDonald's quality control managers specified that its coffee should be served at 180-190 degrees Fahrenheit. Liquids at that temperature can cause third-degree burns in 2-7 seconds. Such burns require skin grafting, debridement and whirlpool treatments to heal, and the resulting scarring is typically permanent.
From 1982 to 1992, McDonald's coffee burned more than 700 people, usually slightly but sometimes seriously, resulting in some number of other claims and lawsuits.
Witnesses for McDonald's admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald's required temperature, admitted that it did not warn customers of this risk, could offer no explanation as to why it did not, and testified that it did not intend to turn down the heat even though it admitted that its coffee is "not fit for consumption" when sold because it is too hot.
While Stella was awarded $200,000 in compensatory damages, this amount was reduced by 20 percent (to $160,000) because the jury found her 20 percent at fault. Where did the rest of the $2.9 million figure in? She was awarded $2.7 million in punitive damages -- but the judge later reduced that amount to $480,000, or three times the "actual" damages that were awarded.

you can also read about this case in "culture of fear" an excellent book calling bullshit on a lot of things such as this myth about an 80-year-old woman who just wanted some crappy ass mcdonalds coffee.


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