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Wannie

Wannie

Kingston, ON
March 2004

JAN 09, 2006 10:44 PM

diggity said:

Furious_D said:

Erin said:

Furious_D said:
...only $75,000? Her son's not the only one under the influence.



Why, how much do you think a drunk 5 year old is worth?

That kid is going to love telling that story when he's getting blitzed at a frat party- at the college most likely paid for by his mother's court winnings.



I'm not a law student by any stretch of the imagination, but in a country in which someone was awarded $2.9 million for a spilt cup of coffee (yeah, yeah, $480,000 after appeals), I think the precedent has been set for the observer to expect a heavier monetary penalty to be assessed against a negligent food-service company.

Not that I think a higher amount would be reasonable or anything.




but we're not exactly talking about 3rd degree burns to someone's crotch, are we?



However we are talking about something that is Applebee's fault. Even if the burnt crotch was worse, it's really the fault of the woman who spilt it on herself, not the restaurant who served their coffee hot; the coffee was hot on purpose, the drink was spiked by mistake.

Besides, if you can get tens of thousands of dollars from a corporation, why not? I mean, fuck ethics, we're talking some bling bling!

"It's all about the Hamiltons baby!"

(sarcasm or not? who knows)

MrStitches

MrStitches

Brooklyn, NY
November 2003

JAN 09, 2006 10:49 PM

Wannie said:

diggity said:

Furious_D said:

Erin said:

Furious_D said:
...only $75,000? Her son's not the only one under the influence.



Why, how much do you think a drunk 5 year old is worth?

That kid is going to love telling that story when he's getting blitzed at a frat party- at the college most likely paid for by his mother's court winnings.



I'm not a law student by any stretch of the imagination, but in a country in which someone was awarded $2.9 million for a spilt cup of coffee (yeah, yeah, $480,000 after appeals), I think the precedent has been set for the observer to expect a heavier monetary penalty to be assessed against a negligent food-service company.

Not that I think a higher amount would be reasonable or anything.




but we're not exactly talking about 3rd degree burns to someone's crotch, are we?



However we are talking about something that is Applebee's fault. Even if the burnt crotch was worse, it's really the fault of the woman who spilt it on herself, not the restaurant who served their coffee hot; the coffee was hot on purpose, the drink was spiked by mistake.

Besides, if you can get tens of thousands of dollars from a corporation, why not? I mean, fuck ethics, we're talking some bling bling!

"It's all about the Hamiltons baby!"

(sarcasm or not? who knows)



no, it was mcdonalds fault for making their coffee so extraordinarly hot that it could cause second or third degree burns.

meggle

meggle

Berkeley, CA
November 2002

JAN 09, 2006 11:00 PM

So it seems like no one should be liable. No big deal. Get over it. No wonder we have criminals running the white house, congress and the courts. The public attitude is "no big deal". Unless the server gave the kid a blow job. Then we could impeach them all. What's wrong with the server? They can't tell the difference? Spiked juice? Give it a rest! And as allergies go, what if the kid was allergeric to alcohol? Not to mention, serving minors is illegal. It's like, you know, the law or something? I bet the mom is itching to use free coupons.

As for the crotch burning, that was a McD's issue. They were totally guilty of violating known safety regulations by over 30 degrees. Third degree burns are no joke. And the jury that came up with what I thought a very reasonable punishment for a billion dollar corporatioin to take notice was nothing more than the amount McD's makes one day in profits for all its coffee sales. Now there's an unreasonable figure to a chain that often pays minimum wage with no benefits.

Bottom line: when mistakes are made that threaten the safety of the public, punishments should ensue, not free coupons. It may sound a bit funny, but it could have been a much more serious issue in the end. It's not hard to get alcohol poisoning when one is so small...(don't go there with the open ended sarcastic suggestions...you know what I mean).

(ed for sp. and additions)

[Edited on Jan 09, 2006 11:08PM]

datsun

datsun

Richmond, CA
October 2004

JAN 09, 2006 11:01 PM

when I worked at Applebee's, if you ordered a regular glass of juice, it was served in the same glassware as a LI would be. but the server is a moron not to notice what she's serving to a kid. I think that she should be fired, but I don't think it's unreasonable to ask that Applebee's share some responsibility (especially as it could have turned out way worse for the kid than it did) for hiring such a moron. (BTW, the bartender should be fired, too, if he or she placed the Long Island with the wrong drink order).

ZPO

ZPO

Roy, WA
July 2004

JAN 09, 2006 11:26 PM

How about the responsibility of the parent? I've enjoyed a few LI's over the years and I don't recall thinking "gee, that looks just like a glass of apple juice".

PRockGirlScout

PRockGirlScout

Portland, OR
October 2005

JAN 09, 2006 11:41 PM

Woah! A friend of mine on this very site just told me the same thing happened to his kid brother at Applebee's! (Only I think it was supposed to be lemonade and it was some other mixed drink).

They should settle out of court and change how they're beverage delivery system. Something's out of whack.

PRockGirlScout

PRockGirlScout

Portland, OR
October 2005

JAN 09, 2006 11:41 PM

ZPO said:
How about the responsibility of the parent? I've enjoyed a few LI's over the years and I don't recall thinking "gee, that looks just like a glass of apple juice".



STFU.

eightzeroone

eightzeroone

I'm lost
OLD SKOOL

JAN 09, 2006 11:45 PM

meggle said:
As for the crotch burning, that was a McD's issue. They were totally guilty of violating known safety regulations by over 30 degrees. Third degree burns are no joke. And the jury that came up with what I thought a very reasonable punishment for a billion dollar corporatioin to take notice was nothing more than the amount McD's makes one day in profits for all its coffee sales. Now there's an unreasonable figure to a chain that often pays minimum wage with no benefits.



Just to chime in, this is true. There was also a truckload of evidence that there was a sweeping pattern of such injuries that McDonalds had been ignoring. And there was also the fact that the woman who spilled the coffee was in and out of the hospital multiple times to treat her quite severe injuries (third degree burns which required skin grafts in her genital area). All the while she was being assured by McDonalds that they were going to help her with the bills, and in the end McDonalds ended up offering her IIRC somewhere around $800.

In the end, they did end up paying her a decent amount (480K). But then they proceeded with a subtle disinformation campaign, which is why, today, people use this case as an example of a gratuitous product liability suit.

They did end up lowering the temperature of their coffee.

ninjatoes

ninjatoes

Newport, KY
August 2005

JAN 09, 2006 11:48 PM

Well, I think Applebee's sucks ass anyway.

Just another reason not to eat there.

jeffvader

jeffvader

San Diego, CA
November 2004

JAN 09, 2006 11:58 PM

he's a fuckin' donut...sorry inside joke. fuckin' kids are into everything these days... i could use a long island right now....hell i could be drunk right now...i just said the kid was a fuckin' donut for god's sake eeek eeek eeek time to go sleepy by...the kid's fine...was the server,,,michael jackson eeek shocked eeek shocked mad

abracadabra

abracadabra

Seattle, WA
April 2004

JAN 10, 2006 12:09 AM

nah..the parent should go for the balls..shoot for 5mil and retire..fuck chain restaurants anyway

_Sarah_

_Sarah_

Kalamazoo, MI
January 2003

JAN 10, 2006 12:13 AM

Apple juice is served in a large glass with a slice of lemon? Or does Applebee's not do the lemon? That would have been my first clue. I know accidents happen, but it just seems so odd.

I'm surprised the kid drank it. Long Islands are STRONG. A lot of adults I know can't sip them without grimacing.

I'm glad he didn't get alcohol poisoning. Man...what a scare.

Aussie

Aussie

SUICIDEGIRL

California, USA

JAN 10, 2006 02:35 AM

Management neglegence that a spawns surprisingly strong staff ignorance. I will tell you this: lift up any sleeve of an Applebees manager and you will find the most grutesque, offensive tattoo you've ever seen; just don't do this in the kitchen while trying to build a sandwich. I guarentee you'll forget how to make one, just as the kid who served the alcoholic drink pulled one too many levers.

MessyJessy

MessyJessy

Fort Myers, FL
August 2005

JAN 10, 2006 02:44 AM



Hi, my name's Mike, I'll be your waiter

semyaza

semyaza

Wildomar, CA
December 2004

JAN 10, 2006 03:17 AM

"Okay, little Seth, I know it tastes bad, but drink it all down like a good boy....mommy needs some money."

Cigarette

Cigarette

Cleveland, OH
April 2004

JAN 10, 2006 03:36 AM

datsun said:
when I worked at Applebee's, if you ordered a regular glass of juice, it was served in the same glassware as a LI would be. but the server is a moron not to notice what she's serving to a kid.



It seems that at this restaurant, the kid got a sippie cup, so I can't imagine why anyone in their right mind would pour a Long Island into it. And it also explains why the mother wouldn't have been able to see that there was anything wrong with the drink.

PointBlank

PointBlank

New York, NY
November 2004

JAN 10, 2006 08:49 AM

Clov said:

datsun said:
when I worked at Applebee's, if you ordered a regular glass of juice, it was served in the same glassware as a LI would be. but the server is a moron not to notice what she's serving to a kid.



It seems that at this restaurant, the kid got a sippie cup, so I can't imagine why anyone in their right mind would pour a Long Island into it. And it also explains why the mother wouldn't have been able to see that there was anything wrong with the drink.


My guess is that the bartender poured a LI Tea and an apple juice into two glasses. The server then poured the wrong one into the sippie cup.

Liante

Liante

SUICIDEGIRL

Kiribati

JAN 10, 2006 09:07 AM

Thank god people already jumped on the McDonald's coffee story. The truth is slowly winning!

As for this case, $75K does seem like a weird number, and the only reason I can guess at for that figure is that it keeps the amount-in-controversy down enough to avoid having the case removed to federal court. (Someone else want to chime in on this? It's been a while since Civ Pro.)

Subrosa

Subrosa

San Francisco, CA
July 2004

JAN 10, 2006 09:18 AM

Liante said:
Thank god people already jumped on the McDonald's coffee story. The truth is slowly winning!

As for this case, $75K does seem like a weird number, and the only reason I can guess at for that figure is that it keeps the amount-in-controversy down enough to avoid having the case removed to federal court. (Someone else want to chime in on this? It's been a while since Civ Pro.)


That would make sense. I didn't even think of that.

Honestly, though... we're talking about accidentally getting a kid drunk. Absent other injuries as a result of his drunken-ness, I doubt that we'd be talking about a great deal of money in the award.

nonbillable

nonbillable

Brooklyn, NY
September 2004

JAN 10, 2006 09:22 AM

Liante said:
Thank god people already jumped on the McDonald's coffee story. The truth is slowly winning!


Agreed. It upsets me that that case is what everyone thinks of when they think of frivolous lawsuits. The lawsuit and damages evenentually paid were quite reasonable.

As for this case, $75K does seem like a weird number, and the only reason I can guess at for that figure is that it keeps the amount-in-controversy down enough to avoid having the case removed to federal court. (Someone else want to chime in on this? It's been a while since Civ Pro.)


That was the first thing I thought too. Maybe she figures a federal court will be more likely to toss the lawsuit and $75,000.01 gets you into federal court (assuming the plaintiff and defendants are from different states, of course).

Edit: I take it back. The second story says she filed in federal court. So my guess is that she pled damages of "over" $75,000, or something to that effect, to get into federal court.

[Edited on Jan 10, 2006 by nonbillable]

MissTyrios

misstyrios

NEWSWIRE

Allston, MA

JAN 10, 2006 09:29 AM

I, too, would like to chime in about how grateful I am that the McDonald's story truth is actually gaining recognition. When people spew it as an example of dumb lawsuits, it angers me to no end. It's a basic fact-checking issue.

HORUS73

HORUS73

Sun Prairie, WI
June 2003

JAN 10, 2006 10:07 AM

I'm going to Applebee's and ordering me up an apple juice...

caellum

caellum

Denver, CO
July 2004

JAN 10, 2006 11:48 AM

This will turn out to be bullshit.

My roommate worked at Chili's (c'mon, don't laugh) and served a woman a draft beer, which she had ordered. After she drank THE ENTIRE BEER, she told him that she had ordered an O'Douls, not a Michelob. He apologized and offered to give her the correct order, whereupon she asked him "If he could give her back 10 years of sobriety because she was a recovering alcoholic", and went on to get him fired and tried to sue Chili's for $50,000 americano dolares.

Sound familiar? Wendi's chili anyone? I bet some folding money that it will turn out she brought the alcohol with her, or ordered it herself.

-caellum

nycbike

nycbike

Brooklyn, NY
March 2005

JAN 11, 2006 10:54 PM

How the hell do you give a kid a Long Island Iced Tea by ACCIDENT? I can understand mistaking a Bailey's Irish Cream for chocolate milk or something, but a LI Iced Tea is kind of complicated...

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