The case which added fuel to the tort reform fires already burning around the country turns 22 this month. In the popular media, this personal injury case was about a woman who spilled a cup of hot coffee on herself and sued McDonald’s for $3 million. But, as is often the case, the truth is far different.
Pre-Suit Activity
Liebeck v. McDonald’s Restaurants involved a 79-year-old department store clerk who pulled into the drive-thru of a McDonald’s in Albuquerque, New Mexico and ordered a cup of coffee on February 27, 1992. At the time, McDonald’s required its restaurants to serve coffee at 190 degrees, or only slightly cooler than boiling water. The restaurant knew, or should have known, that 190-degree liquid could cause third degree burns – the kind of burns that require skin grafts to address – in as little as two seconds. The restaurant also knew, or should have known, that most other fast-food franchises served their coffee at about 160 degrees, a temperature that was not significantly lower yet meant that the victim had twenty seconds between spill and serious injury. There’s more. In the ten years preceding the case, McDonald’s had received over 700 complaints about coffee-related personal injury, paid over $500,000 to settle these claims, yet did nothing to alter its procedures. [Read more…] about McDonald’s Hot Coffee Case: A Retrospective
Regional Athlete Wins Olympic Gold
Houston native Simone Manuel now shares the world record for the fastest time in the 100-meter freestyle, and she is also the first black American athlete to win a gold medal in any swimming or diving event.
Her victory roughly coincides with the release of a university study which concludes that 70 percent of black children cannot swim. Furthermore, black children between ages 11 and 12 suffer from an accidental swimming pool drowning rate that’s ten times greater than white children of a similar age. To explain the discrepancy, some scholars blame the residual effects of racial segregation. Many municipal pools were not legally integrated until the 1960s or 1970s, and informal discrimination remained at some locations for decades afterwards. As a result, swimming was not part of the black experience for many children who grew up in the latter part of the 20th century, and some parents may pass their preferences onto their children. [Read more…] about Regional Athlete Wins Olympic Gold
Bankruptcy Court Confiscates Personal Injury Settlement
A federal judge recently ruled that people in bankruptcy cannot receive any personal injury settlement money until their creditors are paid in full.
Three years after his Chapter 13 creditor repayment plan was confirmed, Clyde Wilson sustained serious injuries in a car crash and received a $197,000 settlement. In determining that the money belonged to the bankruptcy trustee for the benefit of the creditors and not Mr. Wilson personally, U.S. Bankruptcy Judge John Kolwe, in the Western District of Louisiana, applied the “estate-replenishment test” and ordered Mr. Wilson to turn over the money. [Read more…] about Bankruptcy Court Confiscates Personal Injury Settlement
Mysterious Crash In Swamps Southeast Of Lake Charles
Investigators hope that a data recording device similar to the ones in most cars and trucks will yield clues about a helicopter crash in Iberia Parish.
Authorities immediately became concerned when the Gulf Coast Helicopters aircraft, which was surveying pipeline in the area, did not arrive at a scheduled refueling stop in Patterson. The Civil Air Patrol began combing the area shortly thereafter; by evening, several other agencies, including the Coast Guard and the Iberia Parish Sheriff’s Office, had joined the search. Rescuers soon found the wreckage of the helicopter in the Atchafalaya Basin, and removed the lifeless body of the 29-year-old pilot. [Read more…] about Mysterious Crash In Swamps Southeast Of Lake Charles
RIP Jimmy Long Sr.
The 84-year-old statesman died shortly after sustaining serious injuries in a car crash near his home in Natchitoches.
Authorities report that the former state Representative was backing out of a private driveway when a 16-year-old driver in a Jeep Wrangler smashed into with Mr. Long’s vehicle. The driver’s name was withheld due to his age, and Natchitoches Police Detective John Greely indicated that charges may be forthcoming as the investigation continues. Mr. Long served in the state House from 1968 to 2000, and served as chairman of the House Education Committee for sixteen years. A year after leaving that body, Mr. Long joined the University of Louisiana System’s Board of Supervisors, where he had served ever since. [Read more…] about RIP Jimmy Long Sr.
Landmark Fatigued Driving Report
Nationwide, drowsy driving may cause as many as one in five car crash fatalities, according to a recent report.
The Governors Highway Safety Association says that an estimated 83.6 million Americans get behind the wheel every day, even though they are dangerously fatigued. Industry experts, insurance company experts, and other professionals all collaborated on the 73-page study. In addition to the side-effects of drowsy driving, which include inattention, slow reaction time, and reduced decision-making ability, the report examined best practices for dealing with the problem, like the protocols that exist in Utah, Texas, and New York. Study authors were especially critical of commercial truck driver rules. Although the federal government has established limits for weekly hours of service, “repeated efforts to modify HOS regulations have resulted in the suspension of some provisions.” Additionally, the rules may be too generic to be effective, the report added. [Read more…] about Landmark Fatigued Driving Report