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kajiradream -> RE: McDonalds sued for $10 mil for not holding the cheese (8/11/2007 1:52:43 PM)
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quote:
ORIGINAL: luckydog1
If he can prove "one count of intentional infliction of emotional distress", I imagine he will get a huge award, but that seems rather unlikley. Intentionall? That Mac Donald's deliberatly put cheese on his burger to hurt him? Come on. Actually, it is entirely possible that the plaintiff may be going with the fact that they only originally offered to pay half of his medical bills (bills I may add that were caused by their mistake). It could be considered an insult and a complete disregard for the "value" of his life. This would hold doubly true if their was any argumentation on this offer of payment and McDonalds was holding firm to half until the lawyer got involved, though this would half to be documented to hold any bearing within the Courts.
If it sent him to the hospital I can see some punative damages and perhaps a small award to the driver and passenger, a trip to the emergency room with someone you care about in food shock is unpleasant, and deserves some sort of compensation as well as gas money, and being forced to deal with it instead of thier regular plans, maybe he puyked in the car, ect..
this part is interesting though---
"We're interested in seeing McDonald's take responsibility and change a systemic quality control problem that endangers the lives of up to 12 million Americans with allergies," said Timothy Houston, the Morgantown lawyer representing the plaintiffs."
So he wants to eliminate stoned teenagers and people unable to get better jobs from working at Mac donalds?
This doesn't mean they have to be discriminatory in their hiring procedures, it just is asking for the company to take better measures on ensuring orders are done properly. If this means a "burger checker" is hired to stand at the end of the line and double check them then so be it. However they choose to do it, this kind of improvement is not unwarranted to ask for, and it would mean better quality to not only allergy sufferers but to everybody. I know I would love to order a burger with no pickles and extra sauce and actually have that sauce and no pickles...most often they mess it up.
And to the comment about the improbability towards the seriousness of allergic reactions to different foods and the biology for each of us, that is entirely it. It very well may have happened the way they portray it. I personally am allergic to mushrooms to the point that I will die without the aid of medical assistance. My throat swells making Me unable to breathe. And much like this fellow I can tell immediately something is wrong and the burn starts instantly, so I wouldn't say it isn't possible.
{ Edited to add that this was the Mistress and not the kajira posting...*kicks auto sign-in and the cookie jar* [>:] }
Oh...and I do agree with personal responsibility...but do also know from scary experience that sometimes it happens that things get overlooked, or in this dude's case...assumed.
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