Most of us have heard about the McDonald's hot coffee lawsuit wherein the victim recovered millions of dollars for a coffee spill in her lap. The word "frivolous" comes to mind. The reality is this. Americans are being duped by myths and falsehoods spread by insurance companies and corporations, who have spent millions of dollars to mislead the American public.
The Facts Tell A Different Story
Unfortunately, the case's facts are no laughing matter. Stella Liebeck sustained third-degree burns to her groin, inner thighs, and buttocks. She was hospitalized for eight days, and underwent numerous skin grafts and surgical removal of damaged tissue.
This Is What Really Happened
Ms. Liebeck tried to settle her claim with McDonald's for $20,000.00, but management refused. At trial, McDonald's grudgingly identified more than 700 victims burned by its coffee between 1982 and 1993, some involving third-degree burns like Ms. Liebeck's. McDonald's clearly knew about the hazard. Its coffee was heated to a scalding 185 degrees, even though beverages served above 140 degrees are considered to be a burn hazard.
The jury awarded Ms. Liebeck $200,000 in compensatory damages, but then reduced the amount to $160,000, because they found her to be 20% at fault for the coffee spill. The jury also awarded her $2.7 million in punitive damages (equal to two days' worth of McDonald's world-wide coffee sales). This amount was eventually reduced to $480,000. The trial judge said that McDonald's conduct was reckless, willful, and callous. Jurors expressed similar sentiments in post-trial interviews. Ms. Liebeck and McDonald's eventually entered into a post-verdict settlement.
A. Jason Kerckhoff is a San Diego personal injury attorney and the President of Kerckhoff Law, APC, a San Diego wrongful death law firm dedicated to representing people who have been gravely injured or killed, and the families of loved ones who have suffered death caused by the negligence of another.
A. Jason Kerckhoff has been successfully obtaining excellent results for his clients for more than twenty-five years. He has the highest rating in Martindale-Hubbell, which is the preeminent company that rates attorneys not only for their abilities, but for their ethics. These ratings are obtained by peers in the San Diego community, and a small percentage of lawyers are privileged to have achieved this rating.
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