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Stella Liebeck: McDonald’s Scalding Coffee Case
Facts and Their Sources:
• Stella
Liebeck was the passenger in her grandson’s car, not the driver of the car
- ATLA
- Center for
Justice and Democracy
- Wall Street
Journal 9/1/04
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Coffee
spilled when she placed it between her legs and attempted to remove the
plastic lid from the cup
- ATLA
- Center for
Justice and Democracy
- Wall Street
Journal 9/1/04
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• A
vascular surgeon determined Stella had full thickness burns or 3rd degree
burns over 6% of her body
- ATLA
- Wall Street
Journal 9/1/04
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• She
suffered burns on her inner thighs, perineum, buttocks, and genital and
groin areas
- ATLA
- Ohio Academy
of Trial Lawyers
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Stella
was hospitalized for 8 days
- ATLA
- Center for
Justice and Democracy
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• While
hospitalized, Stella underwent skin grafting and debridement treatments
(surgical removal of tissue)
- ATLA
- Center for
Justice and Democracy
- Ohio Academy
of Trial Lawyers
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Stella
sought to settle her claim for $20,000, but McDonald’s refused
- ATLA
- Center for
Justice and Democracy
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• In
discovery, McDonald’s produced documentation of over 700 claims by people
burned by its coffee between 1982 and 1992 -- some involved similar 3rd
degree burns
- ATLA
- Center for
Justice and Democracy
- Ohio Academy
of Trial Lawyers
- Wall Street
Journal 9/1/04
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Stella had never
filed suit before - took oath to that effect
- Wall Street
Journal 9/1/04
• McDonald’s
dismissed her requests for settlement for pain and medical bills with their
offer to pay only $800
- Wall Street
Journal 9/1/04
• McDonald’s had
settled claims arising from scalding injuries for more than $500,000
- Wall Street
Journal 9/1/04
• McDonald’s
held its coffee b/w 180 and 190 degrees Fahrenheit to maintain optimum taste
- ATLA
- Center for
Justice and Democracy
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Coffee
served at home is generally held b/w 135 to 140 degrees
- ATLA
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• McDonald’s
own quality assurance manager testified that a burn hazard exists w/ any
food substance served at 140 degrees or above and that McDonald’s coffee
wasn’t fit for consumption because it would burn the mouth and throat
- ATLA
- Center for
Justice and Democracy
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• McDonald’s
quality assurance manager testified that while burns would occur, McDonald’s
had no intention of reducing the “holding temperature” of its coffee
- ATLA
- Ohio Academy
of Trial Lawyers
- Wall Street
Journal 9/1/04
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Plaintiff’s
expert, thermodynamics scholar, testified that liquids at 180 degrees will
cause full thickness burns in 2-7 seconds
- ATLA
- Center for
Justice and Democracy
- Georgia Trial Lawyers
Association
• If
her spill had occurred at 155 degrees she would’ve avoided a serious burn
- ATLA
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• McDonald’s
admitted its customers were unaware that they could suffer a 3rd-degree burn
from the coffee and that the statement on the side of the cup wasn’t a
warning but a reminder since the location of the writing wouldn’t warn the
customers of the hazard
- ATLA
- Center for
Justice and Democracy
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Christopher
Appleton, McDonald’s executive, testified McDonald’s knew its coffee
sometimes caused serious burns but hadn’t consulted burn experts about it
- ATLA (citing
Wall Street Journal 9/1/94)
- Ohio Academy
of Trial Lawyers
- Wall Street
Journal 9/1/04
• Christopher
Appleton, McDonald’s executive, testified that McDonald’s had decided not to
warn customers about the possibility of severe burns even though customers
wouldn’t think of the possibility
- ATLA (citing
Wall Street Journal 9/1/94)
- Wall Street
Journal 9/1/04
• Christopher
Appleton, McDonald’s executive, testified that McDonald’s didn’t intend to
change its coffee policies or procedures because “there are more serious
dangers in restaurants”
- ATLA (citing
Wall Street Journal 9/1/94)
• Jury
awarded $200,000 in compensatory damages which was reduced to $160,00
because Liebeck was found to be 20% at fault
- ATLA
- Wall Street
Journal 9/1/04
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Jury
awarded $2.7 million in punitives (or 2 days in coffee sales) which was
reduced by the trial court to $480,000 or 3x the compensatory damages even
though the judge called McDonald’s conduct reckless, callous, and willful
-ATLA
- Ohio Academy
of Trial Lawyers
- Wall Street
Journal 9/1/04
- Georgia Trial
Lawyers Association
- Lectric Law
Library
• Subsequent
to the remittitur the parties entered a post-verdict settlement
- ATLA
- Georgia Trial
Lawyers Association
- Lectric Law
Library
Charles Bigbee
The case of Charles Bigbee was the “McDonald’s coffee
case” of the 1980s. Ronald Reagan described Bigbee’s case in a 1986 speech
as follows: “In California, a man was using a public telephone booth
to place a call. An alleged drunk driver careened down the street, lost
control of his car, and crashed into a phone booth. Now, it’s no surprise
that the injured man sued. But you might be startled to hear whom he sued:
the telephone company and associated firms!” In fact, Bigbee’s leg
was severed after a car hit the phone booth in which he had been trapped.
The door jammed after he saw the car coming ‚ he tried to flee but could
not. The accident left him unable to walk, severely depressed and unable to
work. Because the phone company had placed the booth near a known hazardous
intersection, and because the door was defective, keeping him trapped
inside, he sued the phone company for compensation. Bigbee was brought to
Congress to testify. He said, “I believe it would be very helpful if I could
talk briefly about my case and show how it has been distorted not only by
the President, but by the media as well. That is probably the best way to
show that people who are injured due to the fault of others should be justly
compensated for the damages they have to live with the rest of their lives.”
House Committee on Banking, Finance and Urban Affairs, July 23, 1986.
Charles Bigbee died in 1994 at age 52. Nader, Smith, No Contest:
Corporate Lawyers and the Perversion of Justice in America (1996).
Center for Justice and Democracy, 2005.
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