The Mudcat Café TM
Thread #78262   Message #1494781
Posted By: GUEST,steve baughman
27-May-05 - 11:22 PM
Thread Name: BS: Anti Lawyer jokes
Subject: RE: BS: Anti Lawyer jokes
Let us all keep in mind that before someone can win big dollars in a lawsuit they must persuade a jury of the reasonableness of their claim. (Unless the case settles, and few defendants in their right minds will pay big $$$ out on ridiculous claims.) Before that the lawyer bringing the case has to get through demurers, summary judgement motions, motions for non-suit and, if you bring a frivolous case and lose, client AND lawyer can be sued for malicious prosecution. Losers also pay court costs in many U.S. states.

The McDonald's case is a fine example of public ignorance. Sorry it pervades Mudcat. That case involved wilful disregard of a dangerous condition. Mc had been warned that people who bought coffee at their drive-thrus were being burned. They were advised to lower their coffee temperature substantially. They refused because hot coffee meant bigger bucks for the corporation.

The jury (12 people selected by BOTH sides) was so pissed that it ordered Mc to pay TWO DAYS COFFEE REVENUE as punitive damages, a very reasonable decision.

The mainstream press did not report the details. Only the legal press was responsible in covering this case. We all now are doomed to spend the rest of our lives hearing about the McDonald's Coffee Case as a prime example of an out of control legal system. Nonsense. The 12 jurors who know more about the case than any of us ever will felt they were doing the right thing. I'd bet that most informed people would agree. Sadly, we're in the minority.

Steve Baughman
(yes, yes, yes, . . . attorney at law)