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RE: McDonalds sued for $10 mil for not holding the cheese - 8/12/2007 11:40:19 PM   
substobbws


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quote:

ORIGINAL: angelic

~FR~
More than likely McDonalds will view both lawsuits as nuisance cases and will pay something to each plaintiff to just make them go away. 


McDonald's has a reputation for fighting lawsuits even if they know the legal fees will cost more than a settlement. They believe it deters enough lawsuits such as this one to save money in the long run.

I've got a book somewhere titled "Behind the Gold Arches" which covers McD's from start to present. I found it to be pretty interesting. One tidbit is the fact that you don't own a McDonald's store. They buy the property, build it,  and you lease it from them. That way they can kick you out and run it themselves until they find someone else if you fall behind their standards.

(Damn typos. I just took my contacts out.)

< Message edited by substobbws -- 8/12/2007 11:42:40 PM >

(in reply to angelic)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 12:12:46 AM   
LafayetteLady


Posts: 7683
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From: Northern New Jersey
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quote:

ORIGINAL: cyberdude611


Jeromy took one bite and started having the reaction, Houston said. One of the three immediately called the McDonald's to let restaurant employees know they had messed up the order, but had to cut the call short when Jeromy started having a bad reaction, Houston said.



I am truly amazed that no one else noticed that while the man was approaching the edge of death from his severe allergic reaction, one of the three FIRST called the McDonald's to tell them they had messed up the order.  First they would have had to find the receipt, then hope that it had that particular store's actual phone number, not some 800# on it (or call information to get the number).  All while this guy is having a severe allergic reaction? 

Sounds to me like that little bit of information is going to lose his case for him. 

(in reply to cyberdude611)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 12:38:26 AM   
UtopianRanger


Posts: 3251
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quote:


Now that is bull...why the hell shouldn't a person with severe allergies have the right or ability to eat at the same places as everybody else? Restaurants make it their business to serve food ...usually made to order (even in fast food places ergo the "made right to order" red stickers that McD currently uses). And also why the hell wouldn't anybody paying good money for their meal expect it done right? Would you accept a pink burger? Of course not, it is a health risk. Not to mention kind of icky.

As both a highly allergic consumer and one who has worked as the cook(not at a fast food joint though) I know that it is not impossible to have orders cooked to specification. As a server or cook I was always horrified if a meal was not done as requested. If someone had an allergy, made it known, and still got what they asked not to get...then not only would I expect to pay medical bills but would offer free services for awhile too, especially if I almost killed the guy! And to just say "oh they have no business eating there" is crap...especially after seeing My kids school make the whole place a peanut free zone to accomodate one kid.

The money amount may be exorbant...but the actual fact that McD's screwed up and that he has reason to be pissed is solid and justified. Even if he "should have checked"...he still has rights to expect proper services for money paid.


HAR! You're surely not as shy as your moniker.

 Sure...they have every right in the world to frequent these same eateries - But their expectations are an entirely different story.

My expectations are extremly low with regard to food quality and customer care/service when it comes to these places. And that's prolly why I don't visit them but on an extreme rare occasion.

And again, if your that suspectable to such a dire physical reaction from a ''bite of cheese'', why on earth would you frequent eateries that are well known to employ grab-ass high school students and recent additions from third world countries who do not speak english as their primary form of communication?

Honestly.... If I was part of the jury for this case--or another one like it--and the plaintiff was requesting damages over-and-above the cost incured for medical attention - I'd vote against the plaintiff.





- R


_____________________________

"If you are going to win any battle, you have to do one thing. You have to make the mind run the body. Never let the body tell the mind what to do... the body is never tired if the mind is not tired."

-General George S. Patton


(in reply to ShyMistress)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 12:48:58 AM   
cyberdude611


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Customer service? Such a thing doesn't exist anymore...

You really think the teenager behind the counter at McDonalds gives a damn if you take your business elsewhere?

< Message edited by cyberdude611 -- 8/13/2007 12:49:41 AM >

(in reply to UtopianRanger)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 12:57:32 AM   
Lordandmaster


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Well, UR, the fact that your expectations are low doesn't mean corporations don't have any responsibility.  Your low expectations are very profitable for McDonald's.  Is that what we do now?  Lower our expectations to the point that corporations aren't responsible for anything?

quote:

ORIGINAL: UtopianRanger

My expectations are extremly low with regard to food quality and customer care/service when it comes to these places. And that's prolly why I don't visit them but on an extreme rare occasion.

And again, if your that suspectable to such a dire physical reaction from a ''bite of cheese'', why on earth would you frequent eateries that are well known to employ grab-ass high school students and recent additions from third world countries who do not speak english as their primary form of communication?

Honestly.... If I was part of the jury for this case--or another one like it--and the plaintiff was requesting damages over-and-above the cost incured for medical attention - I'd vote against the plaintiff.

(in reply to UtopianRanger)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 1:24:09 AM   
UtopianRanger


Posts: 3251
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quote:

ORIGINAL: Lordandmaster

Well, UR, the fact that your expectations are low doesn't mean corporations don't have any responsibility.  Your low expectations are very profitable for McDonald's.  Is that what we do now?  Lower our expectations to the point that corporations aren't responsible for anything?

quote:

ORIGINAL: UtopianRanger

My expectations are extremly low with regard to food quality and customer care/service when it comes to these places. And that's prolly why I don't visit them but on an extreme rare occasion.

And again, if your that suspectable to such a dire physical reaction from a ''bite of cheese'', why on earth would you frequent eateries that are well known to employ grab-ass high school students and recent additions from third world countries who do not speak english as their primary form of communication?

Honestly.... If I was part of the jury for this case--or another one like it--and the plaintiff was requesting damages over-and-above the cost incured for medical attention - I'd vote against the plaintiff.




Outside of what I've already mentioned above.....From my standpoint, the responsibility for a customer who harbors the potential for such virulent reaction to an ingredient that's practically synonymous with that particular restaurant, clearly lies in the lap of that customer.

In this particular situation, LaM, the onus is on the customer. And you know I’m no fan of the corporations ;}




- R



_____________________________

"If you are going to win any battle, you have to do one thing. You have to make the mind run the body. Never let the body tell the mind what to do... the body is never tired if the mind is not tired."

-General George S. Patton


(in reply to Lordandmaster)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 1:43:13 AM   
girl4you2


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quote:

ORIGINAL: ShyMistress
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,


you may think it's silly, but tell that to the woman who was served coffee at a temperature too hot for human consumption (so that mcd's could be remembered for having hot coffee), with a top very hard to get off--the woman was stopped in a parking lot and had to brace the cup in her lap to get the top off. 3rd degree burns to your thighs and genitalia aren't fun. she didn't get anywhere near this amount, and didn't even get enough in the end to pay for her medical bills. would you wish your mother/grandmother to suffer 3rd degree burns (full thickness, by the way) requiring skin grafts just so that mcd's could continue serving hotter than allowable coffee? they had been told many times to lower the temp, but it was easier to just figure in the cost equation accounting analysis than lower the temp as had all other fast food places. silly??? think of that the next time you think of having sex and it's an excruciatingly painful thought just urinating. frivolous? do some research into safety and see how many of these things came about from "frivolous" cases, and then how much the person actually got versus how much was initially awarded. full disclosure. i really think you need to get your facts straight.

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(in reply to ShyMistress)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:07:17 AM   
substobbws


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It seems like I remember jurors in the Mcd's coffee case saying that they initially awarded her so much because of the company's reputation for relentlessly fighting and rarely losing lawsuits.

(in reply to girl4you2)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:13:45 AM   
dollylima


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So...your loved one is going into anaphylaxis...and you call McDonald's "to tell them they screwed up the order".
How about calling 911?


< Message edited by dollylima -- 8/13/2007 6:14:10 AM >


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(in reply to GhitaAmati)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:14:50 AM   
substobbws


Posts: 65
Joined: 1/17/2006
Status: offline
quote:

ORIGINAL: UtopianRanger

HAR! You're surely not as shy as your moniker.

 Sure...they have every right in the world to frequent these same eateries - But their expectations are an entirely different story.

My expectations are extremly low with regard to food quality and customer care/service when it comes to these places. And that's prolly why I don't visit them but on an extreme rare occasion.

And again, if your that suspectable to such a dire physical reaction from a ''bite of cheese'', why on earth would you frequent eateries that are well known to employ grab-ass high school students and recent additions from third world countries who do not speak english as their primary form of communication?

Honestly.... If I was part of the jury for this case--or another one like it--and the plaintiff was requesting damages over-and-above the cost incured for medical attention - I'd vote against the plaintiff.





- R



I'd have to agree. I do expect to get what I'm paying for but, on the rare occasion that I eat there, how much am I paying?

The whole thing stinks to me. I'd check my food if I only lived across town, regardless of whether I had an allergy or not. If I lived forty freaking miles away and had an allergy that could kill me, and I supposedly told them five times? I don't think so. The dark room bit, like was said above, the calling McD's before you call 911. It all seems too well set up.

I was just talking about this with someone. There's a Mcd's that's right at forty miles from here by the interstate exit numbers. I was asking them "Would you buy anything from there and drive forty miles back here before you ate it?" Hell no. Don't order a burger rare, but buy one and drive that far before you eat it.

< Message edited by substobbws -- 8/13/2007 6:51:34 AM >

(in reply to UtopianRanger)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:18:08 AM   
came4U


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From: London, Ontario
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Stupid people even know that driving and eating or drinking is dumb. (parked or not).

If one knows enough to take a semi-cooled coffee from a table and out of reach of a toddler at home knows that coffee=hot.

Why they would put it between their legs? They are beyond stupid and need someone to babysit them to push such coffee out of reach like a toddler.

hotter than allowable?? boiled is boiled..anything beyond that is..steam., air, condensation.

Do adults who buy coffee say 'I would like a cool coffee please'? 

If you are an adult, you know that coffee = hot. Do we need to put on crackerjack boxes that the toy inside is NOT considered food? NO. because for one children too young to read aren't/shouldn't be eating them in the first place and 2. if you are an adult eating them you know..hey 'that ain't food'. 

< Message edited by came4U -- 8/13/2007 6:26:20 AM >

(in reply to substobbws)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:33:24 AM   
MasterDennyslave


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McD's has still not lowered the temp on their coffee. At least not where I live. My friend got me a coffee. I took the lid off, in an air conditioned car, set it on the dash. And 15 minutes later, it still was too hot to even sip. With the cold air blowing on it.



(in reply to came4U)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:37:22 AM   
Alumbrado


Posts: 5560
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I'm surprised came4U , you don't strike me as the type to fall for urban myths.

Nobody was eating or drinking while driving. The woman could have been soaked while sitting at a table when the flimsy cup collapsed while sugar was being added. 
Being a passenger in a parked car, only meant that she was trapped with the scalding liquid long enough for the burns to reach 3rd degree, not that she caused any of it. 
McDonalds admitted in court that they knew of many other such cases and chose to continue serving their coffee much hotter than anyone elses's, so they could throw out less stale pots during each day.
The victim of the negligent scalding originally only asked for her medical bills to be paid, McDonalds forced the issue before a jury, and then started whining about 'frivolous lawsuits when the justice system didn't go their way.

Even 99.99% means that some lawsuits are not frivolous.

(in reply to came4U)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:42:07 AM   
came4U


Posts: 3572
Joined: 1/23/2007
From: London, Ontario
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quote:

I'm surprised came4U , you don't strike me as the type to fall for urban myths.

Nobody was eating or drinking while driving. The woman could have been soaked while sitting at a table when the flimsy cup collapsed while sugar was being added. 


Sorry, I was referring to a poster (a few) above my post and neglected to put their stuff in quotes or refer to it., my mistake.

** off-statment: how can one lower the temperature of coffee btw? it is either hot or it is cold.  If you don't want hot coffee..buy an ice cap.

< Message edited by came4U -- 8/13/2007 6:48:28 AM >

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:54:07 AM   
Alumbrado


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quote:

how can one lower the temperature of coffee btw? it is either hot or it is cold.



Actually there is quite a range possible in 'served at' temperature, and it is the setting on the machine's element that does it...

Home coffee tastes just fine somewhere around 20 degrees cooler. Stores raise the temp so it won't go stale as quickly, and McDs policy went above that another 10 or so degrees... crossing the threshold from a sore tongue to plastic surgery required, while still below the boiling point.

(From memory, sue me if I'm off on the numbers a bit...  The difference in burn effect was very real).

(in reply to came4U)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 6:57:59 AM   
came4U


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From: London, Ontario
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Yes, the burner can be turned down.

But, in liability?

hot coffee is just that..hot.

if someone can't see steam, can't feel heat on a cup (plastic, foam or porcelin) should they even be drinking coffee?

I can understand a liability if one was in hosp and unable to lift his own arms, open his own eyes, yes, a nurse/doctor/orderly is liable.

but seriously, must the world babysit people in this manner in the real world where we walk around in a state of 'take care of me me me me' lawsuits?

(in reply to Alumbrado)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 7:04:34 AM   
Alumbrado


Posts: 5560
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quote:

hot coffee is just that..hot.
   That is like saying that there is no such thing as scalding from a heater water turned too high...   Between 'just hot' and boiling is a range of significant difference.. just under boiling looks like 'just hot', but causes severe burns, and being trapped against the skin by wet clothes amplifies the effect... just like in wax play. 


quote:

but seriously, must the world babysit people in this manner in the real world where we walk around in a state of 'take care of me me me me' lawsuits?


How is pointing out the difference between frivolous lawsuits and real negligence, babysitting anyone?

(in reply to came4U)
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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 7:12:22 AM   
came4U


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From: London, Ontario
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the real difference is

You make a coffee at home and spill scalding water on yourself.  what do you call it? whoooops me bad, ouch, run for cold water., fix yourself. But it was your fault, your water, your judgement. No one to blame but yourself.

You get a coffee elsewhere, a friend's, neighbors' or a restraunt and the same occurs?  what do you do? You see a cup steaming, wow. ok, now that we are over 7 and figured out the law of physics and know that KISS isn't going to jump out to start jammin Beth you know 'oh oh, dat hawwt'.  Lid or no lid, it is coffee = hot.  Whether they used dishwater or fresh dripped scalding water it is HOT.  Nothing will change that except time.  Therefore, if you get any hot beverage or food (in a car) then do what any 7 yr old without ADHD would do..LEAVE IT FOR A MINUTE.

What next? a pickle on a big mac created a 'vinegar sneeze' thus when you drive into the back of a semi you can sue for damages?

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RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 7:15:29 AM   
UtopianRanger


Posts: 3251
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quote:

ORIGINAL: substobbws

It seems like I remember jurors in the Mcd's coffee case saying that they initially awarded her so much because of the company's reputation for relentlessly fighting and rarely losing lawsuits.



While I didn't follow the particulars of that case, if what you say is true I can see why the judge would reduce the size of the monetary award based on false prejudices cast that have no merit in decision making process.





- R




_____________________________

"If you are going to win any battle, you have to do one thing. You have to make the mind run the body. Never let the body tell the mind what to do... the body is never tired if the mind is not tired."

-General George S. Patton


(in reply to substobbws)
Profile   Post #: 139
RE: McDonalds sued for $10 mil for not holding the cheese - 8/13/2007 7:27:15 AM   
Alumbrado


Posts: 5560
Status: offline
quote:

ORIGINAL: came4U

the real difference is

You make a coffee at home and spill scalding water on yourself.  what do you call it? whoooops me bad, ouch, run for cold water., fix yourself. But it was your fault, your water, your judgement. No one to blame but yourself.

You get a coffee elsewhere, a friend's, neighbors' or a restraunt and the same occurs?  what do you do? You see a cup steaming, wow. ok, now that we are over 7 and figured out the law of physics and know that KISS isn't going to jump out to start jammin Beth you know 'oh oh, dat hawwt'.  Lid or no lid, it is coffee = hot.  Whether they used dishwater or fresh dripped scalding water it is HOT.  Nothing will change that except time.  Therefore, if you get any hot beverage or food (in a car) then do what any 7 yr old without ADHD would do..LEAVE IT FOR A MINUTE.

What next? a pickle on a big mac created a 'vinegar sneeze' thus when you drive into the back of a semi you can sue for damages?



We will just have to differ, then. I don't believe that anybody should expect to have the flesh peeled from their body just by spilling their food...

And when it happens over and over as a result of mandatory company policy, that is prima facie negligence.

Snopes covered it in their article.

(in reply to came4U)
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