Don,

"...(who eats soup when their driving!??)..."

Probably the same kind of people who try to drink hot coffee while driving [G]
As for the McDonald's coffee incedent. If the bottom fell out of the cup, that was McD's fult, if the driver dropped coffee on herself either because of her driving or because she spilled it BECAUSE it was too hot, then the fault (IMHO) is hers.
In the UK (many years ago) we used to have the "reasonable person" criterion (If a "reasonable person"{1} could be offended/expected to know etc.) - I don't know what ever happened to it it doesn't seem to be applied much these days judging by some of the court decision.

Walrus

{1} Definition of a "reasonable person" is another matter