Agreed Dread, you are right on (as always). Just another bogus lawsuit seeking money via the lawsuit lottery to be unjusted enriched. You want money honey? Get a fracking job and work. Hope this frivilous lawsuit is thrown out of the Courts and this glory ***** is stuck with Court and defense costs.
I’ll bet BJ’s has already paid plenty for the medical bills incurred by this employee arising from being shot by her Husband. She’s asking the Court to impose a larger duty on BJ’s to know the dangerous propensities of her husband when she herself should have had at least an inkling of the danger she faced from him. It isn’t like she was an innocent member of the public randomly shot by a crazed gunman on the store premises. This perp was her husband for crying out loud. I predict this case will not go very far in the Courts.
that were the jury in the McDonald’s coffee case. I think as American citizens we should be able to personally sue the judges that allow these things to go to trial. What idiot would allow such a trial? Now BJ’s (insurance company) has to pay defense cost. That’s why only in America you’ll see lawyers that can’t make it in the real world become trial judges.
If you’re going to criticize the legal system, you should learn something about it. There are very few circumstances in which a judge can just “throw out” a case; judges don’t get to decide that a lawsuit is a bad idea and dismiss. (Would you really support giving any government official this much power?) Also, you should take a look at the facts in the McDonald’s coffee case. This is one that’s perpetually referred to by ignorant know-nothings as an example of something that it’s not. The woman whose coffee spilled had to have skin grafts and two years of treatment to repair the damage. She had more than $10,000 in medical bills, and McDonald’s offered her $800; that’s why it went to trial — because McDonald’s counted on having morons like you on the jury. Oops.
um…
1) you bring up the mcdonalds suit but u did not look at the details the person was talking about…first of all, the case you are talking about, they should have never paid – why? because, have you ever made coffee cold? what caused it to spill? did i stop quickly? did i drop it while sitting it between my legs? most cars have cup holders. stupidity is the answer to this and mcdonald should have never paid for this. secondly, the case mr was implying was the burglary. as in any burgarly case, most brandish some kind of weapon, just not neccessarily a gun. any inner-city or even outer-city can say the same argument – but that is a false sense of security. just because there is an armed guard does not mean it’s not going to happen. does that mean that every store with a cash register, we need to have an armed guard? do you know that it costs to have those folks? which means the price of your goods is going to go up. which means that the perpetrator might get a harder means of getting that cash because now he knows there will be an armed guard. our society is so spooked and think that just because something happened to us, that the blame belongs to someone else. true to a point, but that blame should be on the person who committed the crime.
now, let’s look at this case. first of all, if you read that on two (2) occassions they removed him from the premises. knowing his behavior, why did she not have a protection order against him? this would have included her working environment. again, if we are planning to protect the employees, does that mean we have to protect our customers? NO, in both cases. here again, comes back to the issue, who’s to blame? not the store where she worked nor her, but the estranged spouse. granted she will have medical bills, but those bills should be sent to the spouse for payment and not her or the employer. yes, this is a tragedy, but even still, we need to think about the whole picture. let’s get away from trying to be a money hungry. afterall, $65 mil is a lot of money and that will not heal any wounds you have suffered emotionally or physically. still, that does not become your employer’s responsibility to pay for. if any gunman entered the place, would have you sued? NO! back to the issue, if she had the protection order in place after the first time or even after the sister was killed, then after the first time of entering her work place, he should have been arrested.
YOU are a prime example of what’s wrong with our country and legal system. You focus on the poor old lady who scalded her thighs and the medical treatement she had. You would have awarded her damages. Her injuries were the RESULT not the CAUSE of the problem she created. She was stupid and careless. That’s inexcusible for someone that mature. Even the village idiot knows not to take a PAPER cup of steaming hot coffee and place it between your legs. This women deserved no money for her stupidity. The cup was not defective, and had she taken proper precautions the incident never would have happened. The only thing she deserved was a slap upside the head for being an idiot.
YOu whining liberal. Same old re-distribution of wealth attitude that makes it virtually impossible to do business with idiots like you defending the ridiculous Mcdonalds jury award. This is why they have to tell you liberal idiots NOT to insert your penis into a new blender. It could cause harm…
The damages caused by the coffee in the McDonald’s case in no way reflect any cupability of the corporation. The plaintiff was lucky in drawing a sympathetic jury who awarded her for her own stupidity.
As for judges being able to toss suits – they can and do toss suits that have no merit. Unfortunately the American tort system is wide open for ridiculous suits and there is currently no precedent on which to toss these suits.
Let’s go to a “pay to play” system where the loser pays the winner’s legal costs. Of course the plaintiff attorney bar will squeal like stuck pigs saying that persons who can’t pay an attorney are deprived of their legal rights. Ergo the contingency fee basis. What a great system. The attorneys have nothing to lose and everything to gain. They get either zero or between 33 – 50% depending on whether they file suit. It seems that if they’re willing to roll the dice and cause others to incur costs, they should have some “skin in the game” to reimburse those costs when they lose.
First off, I don’t think that BJ’s is liable. Now to everyone else name calling and accusing liberals of being uneducated money grubbers. For the record I am a GDI!
Facts from the McDonald’s case:
“Liebeck’s grandson was driving. She was not.
Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.
She was hospitalized for eight days, during which time she
underwent skin grafting. Liebeck, who also underwent debridement
treatments, sought to settle her claim for $20,000, but McDonalds
refused.
During discovery, McDonalds produced documents showing more than 700
claims by people burned by its coffee between 1982 and 1992. Some claims
involved third-degree burns substantially similar to Liebecks. This
history documented McDonalds’ knowledge about the extent and nature of
this hazard.
McDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste. He admitted that he had not evaluated the
safety ramifications at this temperature. Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is
generally 135 to 140 degrees.
The jury awarded Liebeck $200,000 in compensatory damages. This amount
was reduced to $160,000 because the jury found Liebeck 20 percent at
fault in the spill. The jury also awarded Liebeck $2.7 million in
punitive damages, which equals about two days of McDonalds’ coffee
sales.”
She didn’t try to “money-grub.” McDonalds knew their coffee was too hot (not oops that hurt, but you just cinged my nerve endings, blistering, pussball 3rd degree burns!) Yes, coffee should be hot, but not like liquid hot magma that will give you 3rd degree burns. There are certainly some things wrong with the legal system (ok, a lot!) but this case is not my example of one. Carry on. And feel free to call me an ignorant money grubbing so and so. Or even a liberal, though both are untrue!
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Agreed Dread, you are right on (as always). Just another bogus lawsuit seeking money via the lawsuit lottery to be unjusted enriched. You want money honey? Get a fracking job and work. Hope this frivilous lawsuit is thrown out of the Courts and this glory ***** is stuck with Court and defense costs.
I’ll bet BJ’s has already paid plenty for the medical bills incurred by this employee arising from being shot by her Husband. She’s asking the Court to impose a larger duty on BJ’s to know the dangerous propensities of her husband when she herself should have had at least an inkling of the danger she faced from him. It isn’t like she was an innocent member of the public randomly shot by a crazed gunman on the store premises. This perp was her husband for crying out loud. I predict this case will not go very far in the Courts.
that were the jury in the McDonald’s coffee case. I think as American citizens we should be able to personally sue the judges that allow these things to go to trial. What idiot would allow such a trial? Now BJ’s (insurance company) has to pay defense cost. That’s why only in America you’ll see lawyers that can’t make it in the real world become trial judges.
If you’re going to criticize the legal system, you should learn something about it. There are very few circumstances in which a judge can just “throw out” a case; judges don’t get to decide that a lawsuit is a bad idea and dismiss. (Would you really support giving any government official this much power?) Also, you should take a look at the facts in the McDonald’s coffee case. This is one that’s perpetually referred to by ignorant know-nothings as an example of something that it’s not. The woman whose coffee spilled had to have skin grafts and two years of treatment to repair the damage. She had more than $10,000 in medical bills, and McDonald’s offered her $800; that’s why it went to trial — because McDonald’s counted on having morons like you on the jury. Oops.
um…
1) you bring up the mcdonalds suit but u did not look at the details the person was talking about…first of all, the case you are talking about, they should have never paid – why? because, have you ever made coffee cold? what caused it to spill? did i stop quickly? did i drop it while sitting it between my legs? most cars have cup holders. stupidity is the answer to this and mcdonald should have never paid for this. secondly, the case mr was implying was the burglary. as in any burgarly case, most brandish some kind of weapon, just not neccessarily a gun. any inner-city or even outer-city can say the same argument – but that is a false sense of security. just because there is an armed guard does not mean it’s not going to happen. does that mean that every store with a cash register, we need to have an armed guard? do you know that it costs to have those folks? which means the price of your goods is going to go up. which means that the perpetrator might get a harder means of getting that cash because now he knows there will be an armed guard. our society is so spooked and think that just because something happened to us, that the blame belongs to someone else. true to a point, but that blame should be on the person who committed the crime.
now, let’s look at this case. first of all, if you read that on two (2) occassions they removed him from the premises. knowing his behavior, why did she not have a protection order against him? this would have included her working environment. again, if we are planning to protect the employees, does that mean we have to protect our customers? NO, in both cases. here again, comes back to the issue, who’s to blame? not the store where she worked nor her, but the estranged spouse. granted she will have medical bills, but those bills should be sent to the spouse for payment and not her or the employer. yes, this is a tragedy, but even still, we need to think about the whole picture. let’s get away from trying to be a money hungry. afterall, $65 mil is a lot of money and that will not heal any wounds you have suffered emotionally or physically. still, that does not become your employer’s responsibility to pay for. if any gunman entered the place, would have you sued? NO! back to the issue, if she had the protection order in place after the first time or even after the sister was killed, then after the first time of entering her work place, he should have been arrested.
YOU are a prime example of what’s wrong with our country and legal system. You focus on the poor old lady who scalded her thighs and the medical treatement she had. You would have awarded her damages. Her injuries were the RESULT not the CAUSE of the problem she created. She was stupid and careless. That’s inexcusible for someone that mature. Even the village idiot knows not to take a PAPER cup of steaming hot coffee and place it between your legs. This women deserved no money for her stupidity. The cup was not defective, and had she taken proper precautions the incident never would have happened. The only thing she deserved was a slap upside the head for being an idiot.
Curious,
YOu whining liberal. Same old re-distribution of wealth attitude that makes it virtually impossible to do business with idiots like you defending the ridiculous Mcdonalds jury award. This is why they have to tell you liberal idiots NOT to insert your penis into a new blender. It could cause harm…
The damages caused by the coffee in the McDonald’s case in no way reflect any cupability of the corporation. The plaintiff was lucky in drawing a sympathetic jury who awarded her for her own stupidity.
As for judges being able to toss suits – they can and do toss suits that have no merit. Unfortunately the American tort system is wide open for ridiculous suits and there is currently no precedent on which to toss these suits.
I hope BJ’s wins.
Let’s go to a “pay to play” system where the loser pays the winner’s legal costs. Of course the plaintiff attorney bar will squeal like stuck pigs saying that persons who can’t pay an attorney are deprived of their legal rights. Ergo the contingency fee basis. What a great system. The attorneys have nothing to lose and everything to gain. They get either zero or between 33 – 50% depending on whether they file suit. It seems that if they’re willing to roll the dice and cause others to incur costs, they should have some “skin in the game” to reimburse those costs when they lose.
First off, I don’t think that BJ’s is liable. Now to everyone else name calling and accusing liberals of being uneducated money grubbers. For the record I am a GDI!
Facts from the McDonald’s case:
“Liebeck’s grandson was driving. She was not.
Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.
She was hospitalized for eight days, during which time she
underwent skin grafting. Liebeck, who also underwent debridement
treatments, sought to settle her claim for $20,000, but McDonalds
refused.
During discovery, McDonalds produced documents showing more than 700
claims by people burned by its coffee between 1982 and 1992. Some claims
involved third-degree burns substantially similar to Liebecks. This
history documented McDonalds’ knowledge about the extent and nature of
this hazard.
McDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste. He admitted that he had not evaluated the
safety ramifications at this temperature. Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is
generally 135 to 140 degrees.
The jury awarded Liebeck $200,000 in compensatory damages. This amount
was reduced to $160,000 because the jury found Liebeck 20 percent at
fault in the spill. The jury also awarded Liebeck $2.7 million in
punitive damages, which equals about two days of McDonalds’ coffee
sales.”
She didn’t try to “money-grub.” McDonalds knew their coffee was too hot (not oops that hurt, but you just cinged my nerve endings, blistering, pussball 3rd degree burns!) Yes, coffee should be hot, but not like liquid hot magma that will give you 3rd degree burns. There are certainly some things wrong with the legal system (ok, a lot!) but this case is not my example of one. Carry on. And feel free to call me an ignorant money grubbing so and so. Or even a liberal, though both are untrue!