During discovery, McDonald's produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebeck's. This history documented McDonald's knowledge about the extent and nature of this hazard.
McDonalds admits they keep their coffee too hot.
McDonald's also admitted that they kept the temperature of their coffee at between 180 and 190 degrees Fahrenheit to maintain optimum taste while other establishments sell coffee at between 135 to 140 degrees. McDonald's food consultant admitted that a burn hazard exists with any food substance served at 140 degrees or above and at the temperature at which it was poured into Styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonald's had no intention of reducing the "holding temperature" of its coffee.
McDonalds admits hot coffee is a risk to customers.
Plaintiff's expert, a scholar in thermodynamics as applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds. Obviously, by selling the hot coffee via the drive through, McDonald's knows that there is a risk of spilling and burning of skin. However, McDonald's admitted customers were not aware of the high temperature of the coffee or the risk the high temperature of coffee had of burning the skin.
Jury award reduced by Judge.
The Jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages, which equals about two days of McDonald's coffee sales. The trial court subsequently reduced the punitive damages award to $480,000 - or approximately three times compensatory damages- even though the judge called McDonald's conduct reckless, callous and willful.
McDonalds lowered the temperature on their coffee.
After trial investigation found that the temperature of coffee at the local Albuquerque McDonald's had dropped to 158 degrees Fahrenheit. In spite of the facts, the media has emphasized this case in the media as an example of a run away jury verdict and outrageous award without publicizing the unique facts of the case.
O.J. Simpson Case:
In the O.J. Simpson case, many citizens lost their faith in the judicial system and especially the jury system. It appeared to the public that the jury had more than enough evidence to convict O.J., and when he was found not guilty, many people were surprised. The perception was that the lawyers who got him off were crafty and sleazy and the prosecutors were inadequate. The judge was severely criticized for not taking better control of the courtroom.
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