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Woman sues McDonald’s after hot coffee spills on her lap (not again)
KDVR, Fox 31, Denver ^ | 3:54 pm, October 25, 2013 | David Mitchell

Posted on 10/26/2013 7:29:56 PM PDT by Olog-hai

A woman from Clovis, Calif. is suing McDonald’s for negligence after hot coffee she bought at the fast food restaurant spilled on her lap and burned her.

The attorney for 74-year-old Joan Fino says settlement talks between his client and McDonald’s ended Thursday without an agreement. …

Fino says coffee spilled on her lap at the drive-up window and gave her second degree burns in her groin area. …

(Excerpt) Read more at kdvr.com ...


TOPICS: Business/Economy; Miscellaneous; News/Current Events; US: California
KEYWORDS: awjeeznotthissagain; coffeeishot; coffeeishotwhoknew; frivolouslawsuit; joanfino; lawsuit; lofan; mcdonalds; stellaliebeck; takeresponsibility
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Stella Liebeck redux?
1 posted on 10/26/2013 7:29:57 PM PDT by Olog-hai
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To: Olog-hai

I once had scalding hot coffee spilled on my hand me at a restaurant. I didn’t even flinch, nor even move my hand at all as if in pain, and waited a moment to put down my burger (or whatever it was) with my other hand while the waitress panicked. I said, “It’s fine,” and it was.


2 posted on 10/26/2013 7:32:32 PM PDT by Greetings_Puny_Humans
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To: Olog-hai

you would think they would learn

they serve it way too hot

I can’t ever drink it for about 15 minutes after I buy it


3 posted on 10/26/2013 7:33:48 PM PDT by yldstrk (My heroes have always been cowboys)
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To: Olog-hai
Accidents like this are exactly why I rarely ever use a drive up window.

It is just an awkward position to be in when handing thing from the drive up window to the car; especially to small low profile car.

4 posted on 10/26/2013 7:35:31 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Olog-hai

Stella Leibeck suffered second and third degree burns over 16% of her body, spent a week in the hospital, and only sued McDonald’s, who had been repeatedly warned that 180 degree coffee was too hot, refused to cover her medical bills.


5 posted on 10/26/2013 7:36:47 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Olog-hai

Stella Leibeck suffered second and third degree burns over 16% of her body, spent a week in the hospital, and only sued McDonald’s, who had been repeatedly warned that 180 degree coffee was too hot, refused to cover her medical bills.


6 posted on 10/26/2013 7:37:55 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Bubba Ho-Tep

Once you agree to pay for nothing, the line forms at the left.


7 posted on 10/26/2013 7:40:02 PM PDT by glyptol
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To: yldstrk

I serve coffee to myself at hotter temps than that, at home, and it hasn’t attacked me yet.


8 posted on 10/26/2013 7:41:43 PM PDT by Olog-hai
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To: Olog-hai

Another person on a quest for the McDonald’s Hot Coffee Jackpot.


9 posted on 10/26/2013 7:41:57 PM PDT by Pox (Good Night. I expect more respect tomorrow.)
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To: Olog-hai

A.G.N.T.S.A.


10 posted on 10/26/2013 7:42:17 PM PDT by dfwgator
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To: Olog-hai

Shouldn’t be drinking anything in your car in the first place. I can see drinking water if you are in a low traffic zone, like cruising on the Interstates. But piloting a car in traffic, especially during rush hour traffic, while trying to juggle hot coffee and an egg mcmuffin, smoking a cigarette and putting on makeup is simply asking for trouble.

No, I have no sympathy for it, even if MacDonalds is making the coffee too hot. If people want to get all sympathetic about the irresponsible idiots they can go over to dailykos or moveon and join the anti-Macdonalds lovefest.


11 posted on 10/26/2013 7:42:56 PM PDT by Seruzawa (Hokey religions and ancient weapons are no match for good a blaster kid.)
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To: Pontiac

Accidents like this are exactly why I rarely ever use a drive up window.

It is just an awkward position to be in when handing thing from the drive up window to the car; especially to small low profile car.

What is really awkward is when the customer insists on grabbing the cup from you by the lid, for some reason there are people that believe a cup lid has extraordinary gripping power when it’s sole purpose is to keep the contents from splashing out.


12 posted on 10/26/2013 7:43:38 PM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: Bubba Ho-Tep

IIRC : her attorney also had warned McDonald’s numerous times in the past of this risk.


13 posted on 10/26/2013 7:43:44 PM PDT by Michael.SF. (0bama lied, Stevens died, now 0bama covers up the lies.)
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To: Bubba Ho-Tep

Wow, and here I was thinking a spilled coffee was nothing. Even when I buy from Starbucks, I can usually start drinking it almost right away. I can’t imagine McDonalds coffee at 180 degrees. I never buy my coffee from them.


14 posted on 10/26/2013 7:47:00 PM PDT by Greetings_Puny_Humans
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To: yldstrk

Ideally, coffee should be brewed at about 190 degrees.


15 posted on 10/26/2013 7:47:32 PM PDT by liege (America 180)
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To: Greetings_Puny_Humans

Actually, McDuck’s has halfway decent coffee, these days.

I grab a cup (usually at Wawa) and it stays in the car’s cup-holder until, at a certain point in my commute, I know that it’ll have cooled down enough to be drinkable.


16 posted on 10/26/2013 7:54:58 PM PDT by Riley (The Fourth Estate is the Fifth Column.)
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To: liege

Maybe she shouldn’t have dropped it. McDonalds makes it for you to drink, not drop in your lap. McDonalds should sue her for improper use of coffee. Maybe the old lady should only order iced coffee.


17 posted on 10/26/2013 7:57:51 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: yldstrk

Per your tag line, (My heroes have always been cowboys) I’m sure cowboys drank very hot coffee, and never roasted their nuts. ;-))


18 posted on 10/26/2013 8:04:18 PM PDT by Cobra64 (Common sense isn't common anymore.)
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To: Michael.SF.

Talk about a one-note attorney. It makes it sound like he had it in for McD’s.


19 posted on 10/26/2013 8:05:04 PM PDT by Olog-hai
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To: hal ogen

I think mcdonalds should hire coaches to train we seniors not to spill their menu items. Maybe obama care could cover it under prevention


20 posted on 10/26/2013 8:05:23 PM PDT by morphing libertarian
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To: Bubba Ho-Tep

That’s too hot and it looks like strict liability (’res ipsa loquiter’).
They serve it that hot because they know most people are driving and ‘nurse’ their drink, and they sell more coffee.
Note the lady is in her 70s.


21 posted on 10/26/2013 8:08:15 PM PDT by tumblindice (America's founding fathers: All armed conservatives.)
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To: Olog-hai

Serve me tea or coffee @ 180 and I’ll send it back to be warmed to as close to 200 as possible.


22 posted on 10/26/2013 8:13:36 PM PDT by bigfootbob
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To: Bubba Ho-Tep
Oh, good grief. How hot is "too hot"? Well when it comes to kid's tub water, it's about 104 degrees, which can burn a child.

But at 104 a person would turn the corner and spit out the coffee for being lukewarm.

Aw, but she burned her genitals.

That's why you don't put hot coffee at ANY temperature between your legs.

But she got THIRD-degree burns!

That's why you don't put hot coffee or other hot things in your crotch area.

But she's a cute, sweet old lady!

Sure, but that doesn't preclude her from having common sense.

McDonald's was cold and REFUSED to pay for her medical care!

Well, when a 75 year old has been on this earth for that many years, they learn to not do certain things, like not hitting yourself over the head with a hammer or putting something hot in your crotch area while in a moving car.

You're a meanie, and McDonald's has lots of money. They should pay!

No, you can't fix stupid, nor should someone be held liable for what other radical folks consider "dangerous"

Why did McDonald's have coffee so hot that it would hurt people, don't they care?

I would assume so, since they like to stay in business.

Making a dangerous product that injures customers is not a good business model.

But like the hammer example above, if one of their customers does something foolish, why should they be liable?

23 posted on 10/26/2013 8:13:48 PM PDT by boop (I had no IDEA I'd be paying for Obamacare. I thought it would be a rich guy.)
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To: Michael.SF.
IIRC : her attorney also had warned McDonald’s numerous times in the past of this risk.

The risk that people are stupid and will be coffee in between their lap.

24 posted on 10/26/2013 8:15:39 PM PDT by dfwgator
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To: Olog-hai
“hot coffee she bought at the fast food restaurant spilled on her lap and burned her”

Hold right there partner. Read the excerpt. McDonalds is serving a whole different kind of coffee. Something completely different. Joan Fino did not spill that cup in her lap. The coffee spilled it self.
Maybe she does have a case here.

25 posted on 10/26/2013 8:18:50 PM PDT by Tupelo ( Snatching defeat from the jaws of victory. An old Republican Tradition.)
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To: Greetings_Puny_Humans
I once had scalding hot coffee spilled on my hand me at a restaurant. I didn’t even flinch, nor even move my hand at all as if in pain, and waited a moment to put down my burger (or whatever it was) with my other hand while the waitress panicked. I said, “It’s fine,” and it was.

That's nothing. I once skimmed the dross off of molten lead with my genitals. I didn't even wince, nor showed any pain whatsoever. My boss panicked and asked if I needed help, and I said, "No, I feel great." And I did.

26 posted on 10/26/2013 8:22:19 PM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: Olog-hai

Well...

This is why liberals want to ban guns.
They can’t even handle coffee without hurting themselves.


27 posted on 10/26/2013 8:24:10 PM PDT by LucianOfSamasota (Tanstaafl - its not just for breakfast anymore...)
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To: Lazamataz

LOL


28 posted on 10/26/2013 8:24:24 PM PDT by Greetings_Puny_Humans
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To: Lazamataz
That's nothing. I once skimmed the dross off of molten lead with my genitals.

You should have that checked. Heavy metals are no joke!

29 posted on 10/26/2013 8:25:33 PM PDT by LucianOfSamasota (Tanstaafl - its not just for breakfast anymore...)
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To: Lazamataz

NADS OF STEEL!


30 posted on 10/26/2013 8:36:37 PM PDT by lightman (O Lord, save Thy people and bless Thine inheritance, giving to Thy Church vict'ry o'er Her enemies.)
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To: yldstrk

And yet if they served it cooler, someone would sue because they “didn’t order COLD coffee”

People need to grow the hell up.


31 posted on 10/26/2013 8:38:55 PM PDT by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: Tupelo

The power of phraseology. Gotta remember that.


32 posted on 10/26/2013 8:39:47 PM PDT by Olog-hai
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To: Lazamataz
"I once skimmed the dross off of molten lead with my genitals. I didn't even wince, nor showed any pain whatsoever."
...so it's "Iron Balls" Lazamataz from here on out?
bathing must be a *itch..all that rustolemun.

33 posted on 10/26/2013 8:41:29 PM PDT by skinkinthegrass (who'll take tomorrow,$pend it all today;who can take your income & tax it all away..0'Blowfly can :-)
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To: Bubba Ho-Tep

She was widely criticized as being an opportunist. To the contrary, her intentions were modest.


34 posted on 10/26/2013 8:44:37 PM PDT by Gene Eric (Don't be a statist!)
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To: Bubba Ho-Tep
Stella Leibeck suffered second and third degree burns over 16% of her body, spent a week in the hospital, and only sued McDonald’s, who had been repeatedly warned that 180 degree coffee was too hot, refused to cover her medical bills.

The problem is that the national standard for coffeemakers says the coffee should be between 170 & 205 deg. McDonald's coffee in that case was 180-190 deg, or right in the middle of where it should be.

She was burned because she spent roughly 90 seconds in contact with the coffee, and they admitted that even coffee at 160 deg would have caused 3rd degree burns if left in contact for over 30 seconds.

The whole case was a sham.

35 posted on 10/26/2013 8:45:00 PM PDT by Mr Rogers (Liberals are like locusts...)
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To: Mastador1

Yeah, people do. Were I server, I’d put a holder on the cup and present it so it would be the only good place to take hold of it.


36 posted on 10/26/2013 8:46:18 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: Olog-hai

Wow! Coffee’s hot! Whoda thunk?!!


37 posted on 10/26/2013 8:47:07 PM PDT by VeniVidiVici (Play the 'Knockout Game' with someone owning a 9mm and you get what you deserve)
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To: liege

yeah it’s around 180-190 degrees so that bitter tannins don’t form at any higher temps. i shoot for 180-185.


38 posted on 10/26/2013 8:48:14 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Bubba Ho-Tep

Stella was 79. The jury awarded her 2.9 million, reduced on remittitur to $600,000, then settled under a confidential agreement.
You would think McDonalds would learn, but they can lose a number of these cases and still make money selling scalding-hot coffee.


39 posted on 10/26/2013 8:49:08 PM PDT by tumblindice (America's founding fathers: All armed conservatives.)
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To: Olog-hai
Years ago, when my daughter was almost 3, a friend and I stopped at a Dunkin Donuts. I ordered tea. They brought a Styrofoam cup of boiling water and a teabag. Of course my daughter hit it and it fell on her. I yanked her out of the booth and yanked her pants down and pulled her shirt up. She wasn't burned.

People were horrified until they understood what was going on. The girl behind the counter brought a dry towel. Several people said they never would have thought of removing the clothing holding the boiling water against their skin.

And I didn't sue.

40 posted on 10/26/2013 8:59:36 PM PDT by DJ MacWoW (The Fed Gov is not one ring to rule the all)
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To: yldstrk

Wish I knew the restaurants you frequent that have hot coffee. My experience is that most restaurants’ coffee is not hot. If I’m fortunate enough to get it hot I have the ability to sip it without it cooling.


41 posted on 10/26/2013 9:07:32 PM PDT by luvbach1 (We are finished.)
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To: Olog-hai
-- Stella Liebeck redux? --

Probably not. Injuries aren't even close in severity, and McD has done about all it can do to reduce the rate of injury due to coffee temperature.

42 posted on 10/26/2013 9:14:06 PM PDT by Cboldt
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To: Lazamataz

“That’s nothing. I once skimmed the dross off of molten lead with my genitals. I didn’t even wince, nor showed any pain whatsoever. My boss panicked and asked if I needed help, and I said, “No, I feel great.” And I did.”

That’s nothing. I was on my boat cleaning a freshly caught King salmon. The boat rocked and I slipped with my fillet knife. I cut my .... Mr. Happy clean off. I sat down and using a barbed hook with 80 pound fishing line, I sewed it back on. I used duct tape for bandaging. My fishing buddy asked me if I was okay, and I said, “I feel great.” And I did. I went back to fishing and had my buddy fetch me a cup of steaming hot coffee.


43 posted on 10/26/2013 9:14:47 PM PDT by Gator113 ( Cruz, Palin and Lee speak for me, most everyone else is just noise.)
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To: Olog-hai

Worth watching
http://www.upworthy.com/ever-hear-about-the-lady-that-spilled-coffee-on-herself-at-mcdonalds-then-sued-for-millions


44 posted on 10/26/2013 9:15:04 PM PDT by TriGirl
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To: lightman

Lead ass.


45 posted on 10/26/2013 9:17:30 PM PDT by Cboldt
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To: TriGirl

Original by the NYT? Joseph Lamour? Okey-dokey then.


46 posted on 10/26/2013 9:19:49 PM PDT by Olog-hai
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To: hal ogen

best answer!!! McDonalds should counter sue this old bat for abusing drive up window privileges and abusing their steaming hot coffee by watering her lap with it

Was this woman born yesterday? No she was born 72 years ago and wants to be paid for her stupidity. As though she has learned nothing during her long life


47 posted on 10/26/2013 9:22:09 PM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: luvbach1

McDonald’s


48 posted on 10/26/2013 9:25:44 PM PDT by yldstrk (My heroes have always been cowboys)
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To: Olog-hai

What we need is for Obama to initiate an Affordable Hot Coffee on Crotch Act.


49 posted on 10/26/2013 9:27:26 PM PDT by RW_Whacko
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To: Olog-hai

Mc Dee wants to know if she was wearing Bloomers that day.


50 posted on 10/26/2013 9:44:00 PM PDT by lee martell
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