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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:33:10 PM

SusanofO

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I agree, there is personal responsibility on this guy's part as well, that should have been in operation here.

- Susan

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Post #: 21

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:52:43 PM

kajiradream

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Joined: 7/13/2007
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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.

< Message edited by kajiradream -- 8/11/2007 2:00:14 PM >

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Post #: 22

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:55:56 PM

SDFemDom4cuck

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From: P'burgh PA
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Personally, something is strange here. Someone that is "moments from death" is going to be faced with a much higher bill for an ER visit than $700. I'm very allergic to insect stings and go into anaphlaxis. I usually carry an Epi-pen or shot with me to protect myself. A few years ago (5 or so) I happened to be out without my shot of epinepherin and was rushed to an ER after a sting by the people I was hiking with. In the end my co-pay of that bill totalled over $3000 (after insurance paid their part). I have a hard time seeing how close to death he could have been with a bill that totals $700.

As to those that said that they would check their food I agree. He knows he's allergic, and regardless of asking for no cheese he should have the personal responsibility of doing so. It's no different than my always making sure I have a full cartridge in my epi-pen whether I'm going into a situation that will have insect sting being a factor or going to the mall. I think the gleam of money being a possibility is blinding them as to the reality of the situation. There are always 3 sides to every story. My version, your version and then there's the truth.

Just my opinion. I've been a little cranky this weekend.

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Post #: 23

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 1:57:02 PM

SusanofO

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Well, I do think improved quality control is a noble aim. I'm all for it (from Cox Cable, too!).

I just think a $10 million lawsuit for a mistaken slice of cheese is really pushing the limits of reasonableness, unless this guy has some ongoing serious (as in life-threatening, or very grave) health problems due to this incident. Even then, it's a lot of money.

- Susan

< Message edited by SusanofO -- 8/11/2007 1:58:19 PM >

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Post #: 24

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:07:56 PM

charlotte12

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Yes it is possible to be close to death from cheese. Some people are extremely allergic to dairy (or other products) and can go into anaphylactic shock as mentioned before. I knew someone who almost died from having a burger grilled on the same grill that had a cheese burger grilled on it right before.

That said if you are so allergic to dairy i wonder why you wouldn't take the time to check your burger before biting into it. Personally i think the number of lawsuits that take place in this country is ridiculous. Also, if he is an adult and this is the first time he has ever had a fast food restaurant mess up on his order then i would like to know where he lives so i can go order all my food there. Seriously, everyone messes up, particularily a place like McDonalds and if you're that allergic you should consider taking some personal responsiblity

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Post #: 25

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:08:03 PM

domiguy

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He was probably only "mostly dead."

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:11:02 PM

Level

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I find myself distressed at reading about a dumbass that can't see cheese on a burger. Who do I sue?

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Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

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Post #: 27

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:12:04 PM

ShyMistress

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I do agree on that point...the amount asked for is a wee bit into the ridiculous range.

Mind you when someone gets almost 3 million for a lap of water, I could almost see where his lawyer is coming from...after all death is worth so much more! (yes I am being sarcastic lol)

I think 90% of the lawsuits out there are silly, I have had that mistake made by a restaurant before and didn't do much about it other then give the mushroom based gravy (on the side so My fries weren't wasted yay!) to My Sir and keep eating. Stuff happens...why freak out about it? Mind you if I had eaten some, gone to the emergency (which by the way is free in My lovely province) I would have withdrawn My usage of their services. As it stands though I still enjoy their burgers and fries

{ btw...I knew gravy was mushroom based as My tongue burned right away...it was sore the rest of the day lol...one bite wonder alarm is what I call it }

< Message edited by ShyMistress -- 8/11/2007 2:20:31 PM >

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Post #: 28

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:16:20 PM

charlotte12

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quote:

ORIGINAL: Level

I find myself distressed at reading about a dumbass that can't see cheese on a burger. Who do I sue?

I think you should sue cyberdude611 for starting this thread. If it has caused you distress that is simply unacceptable

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Post #: 29

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:18:31 PM

Level

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quote:

ORIGINAL: charlotte12

quote:

ORIGINAL: Level

I find myself distressed at reading about a dumbass that can't see cheese on a burger. Who do I sue?

I think you should sue cyberdude611 for starting this thread. If it has caused you distress that is simply unacceptable

But.... McDonalds has more money.....

_____________________________

Fake the heat and scratch the itch
Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

~~ Stone Temple Pilots

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Post #: 30

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:21:12 PM

charlotte12

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quote:

ORIGINAL: Level

quote:

ORIGINAL: charlotte12

quote:

ORIGINAL: Level

I find myself distressed at reading about a dumbass that can't see cheese on a burger. Who do I sue?

I think you should sue cyberdude611 for starting this thread. If it has caused you distress that is simply unacceptable

But.... McDonalds has more money.....

Lol...maybe not after i finish suing them for not cutting the cheese....

_____________________________

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Post #: 31

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:21:37 PM

MsPoetress

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Joined: 4/4/2006
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quote:

ORIGINAL: Aileen68

So he did everything except actually look at his burger. If I had such a severe allergy I most certainly would check out any piece of fast food that I ordered before I put it into my mouth.

I agree!

My husband is a picky eater. He likes everything plain. Not only will he look for the "special made" sticker on the wrapper, but he will look at his burger.

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Post #: 32

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:22:10 PM

SugarMyChurro

Posts: 1912
Joined: 4/26/2007
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quote:

ORIGINAL: Lordandmaster
I'm allergic to scallops...

That's about the saddest thing I have ever read.

No Coquille St Jacques?

Fuck, just kill yourself now...

quote:

ORIGINAL: Lordandmaster
...and I end up having to go to the hospital because of it, you can bet your ass I'm suing that restaurant.

Yeah, I agree. This case (the thread topic) is not frivolous, only possibly overreaching. And I agree that Americans have become totally stupid about Tort Reform catch phrases like "frivolous lawsuit."

People keep saying that the guy should inspect his food, that he has this duty. Some food preparations can very neatly hide many of the constituent ingredients, so inspection would fail him in those instances - many sauces might contain cheese, for example. Further, part of the point of eating out is not to have to deal with the food preparation yourself except for the eating part.

What I get from this discussion is that most people effectively feel that this guy has no right to eat out and expect his food to be served in the manner in which he ordered it. That he has no expectation of actual getting decent service. Further, a restaurant has no apparent duty to provide the food as ordered.

All hail our corporate masters...!

(in reply to Lordandmaster)

Post #: 33

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:24:09 PM

Level

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quote:

ORIGINAL: charlotte12

quote:

ORIGINAL: Level

quote:

ORIGINAL: charlotte12

quote:

ORIGINAL: Level

I find myself distressed at reading about a dumbass that can't see cheese on a burger. Who do I sue?

I think you should sue cyberdude611 for starting this thread. If it has caused you distress that is simply unacceptable

But.... McDonalds has more money.....

Lol...maybe not after i finish suing them for not cutting the cheese....

"cutting the cheese"...........

_____________________________

Fake the heat and scratch the itch
Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

~~ Stone Temple Pilots

(in reply to charlotte12)

Post #: 34

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:25:16 PM

Level

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Joined: 3/3/2006
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quote:

ORIGINAL: SugarMyChurro

What I get from this discussion is that most people effectively feel that this guy has no right to eat out and expect his food to be served in the manner in which he ordered it. That he has no expectation of actual getting decent service. Further, a restaurant has no apparent duty to provide the food as ordered.

All hail our corporate masters...!

Or, that most people aren't tolerant of idiots.

_____________________________

Fake the heat and scratch the itch
Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

~~ Stone Temple Pilots

(in reply to SugarMyChurro)

Post #: 35

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:25:42 PM

charlotte12

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Joined: 5/9/2006
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quote:

ORIGINAL: Level

"cutting the cheese"...........

I specifically requested that it be cut into little tiny peices.... why do you laugh?

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Post #: 36

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:30:30 PM

marieToo

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The dude should get medical costs with regards to the treatment from the allergic reaction, and maybe a little something extra for good faith cuz McD fucked up. But asking for 10 million is pure bullshit and a clear attempt to exploit McD's mistake. The lawsuit itself isn't without some merit, but since he is looking for an unreasonable amount of $$ it puts it into the "frivolous claims" pile. And it's this type of shit that fucks it up for other litigants who have legitimate claims for legitimate amounts.

On Edit: This was a fast reply

< Message edited by marieToo -- 8/11/2007 2:32:34 PM >

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:33:25 PM

Level

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Joined: 3/3/2006
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quote:

ORIGINAL: charlotte12

quote:

ORIGINAL: Level

"cutting the cheese"...........

I specifically requested that it be cut into little tiny peices.... why do you laugh?

Laughing at inopportune times is one of my several perversions

_____________________________

Fake the heat and scratch the itch
Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

~~ Stone Temple Pilots

(in reply to charlotte12)

Post #: 38

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:35:36 PM

SugarMyChurro

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Just as an aside, I love eating a delicious Hollandaise sauce over Eggs Benedict Arnold. Many restaurants offer this item on the menu but what they really offer is some crap sauce stirred up from a packet of Knorr. As a consequence, I always ask if the sauce is fresh and made from scratch. In reply I am often told that it is indeed "real" Hollandaise sauce. Usually when it arrives at the table I can see and taste that it is crap from a packet and not at all real in any way. I will then send it back.

In the rare event that I am pleasantly surprised to find real Eggs Benedict Arnold at the end of my fork, the restaurant becomes a fast favorite and I will frequent it even if the service is merely adequate.

I also cook. I can readily make a delicious Hollandaise sauce myself, so I know exactly what is involved in the preparation of this specific sauce. This sauce is really not at all hard to prepare. I can do it double boiler style, but also via a microwave with very careful watching and a quick whisk.

We are becoming a country of service workers and the service sucks.

What can it mean?

(in reply to SugarMyChurro)

Post #: 39

RE: McDonalds sued for $10 mil for not holding the cheese - 8/11/2007 2:38:24 PM

MasterHyde

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Joined: 4/10/2004
From: Philadelphia, PA
Status: offline

quote:

So he did everything except actually look at his burger. If I had such a severe allergy I most certainly would check out any piece of fast food that I ordered before I put it into my mouth.

According to the story, his medical bills totaled $700. Now, I ask the ladies and gentlemen of the court, if his allergy was so severe, and if he was "near death" as the lawsuit implies, don't you think his medical bills would have been more than $700? We're talking emergency room here. You can sprain your ankle, and if you to the emergency room for treatment, your bill will be at least a few hundred dollars.

Also, you get what you pay for. When you eat fast food, prepared by teenagers who are working for minimum wage, you take certain chances. I agree with you, if his allergy was severe, he should have checked the burger. But let's serious for a minute here. He's a guy. Does anyone really believe that a guy who went through the drive-thru at McDonald's actually told the employees five different times that he couldn't eat cheese? I don't believe it for a second. And if he the cheese made him that ill, why did his friends call the restaurant "immediately" when they should have been calling an ambulance or 911?

This case has holes in it big enough to drive a Mack truck through. But he'll probably get a nice big settlement because it is cheaper to settle than to go to court. McDonald's understood that when they offered to pay his medical bills. Now, it just remains to be seen how much money the greedy bastard will accept before he drops this ridiculousness.

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Post #: 40

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