Cowboys Injury Update: Sean Lee Getting Second Opinion On Wrist

I just got the inside skinny (post). We will be 10 – (-1) over the last 9 games.

Write it down.

Under the factual causation test: “But 4 McDonalds heating their coffee to that scalding hot temperature, the Plaintiff wouldn’t have suffered her injuries.” The lady’s daughter wasn’t breaking any traffic laws.

Under the Legal Proximate Cause Test: Was it reasonably forseeable that heating coffee to that high of a temperature could cause 3rd degree burns on the skin of people who had McDonald’s coffee spill on them? Stated, if the action of repeatedly selling extremely hot coffee for public consumption, would the likelihood of harm would correspondingly increase? The answer is yes. McDonalds was aware of such risk. They had numerous cases previously settled. They conducted tests, and were warned about these risks. They sat by and did nothing. They were told that by reducing the heating temp, they’d reduce the severity of injury, and vice versa. Still they operated with reckless indifference to their consumers, which were/are over Billions Served.

Furthermore, McDonalds couldn’t even legitimately expect to counter that the woman was drinking the coffee while riding in a car. Because if drinking coffee while in a moving car posed such a high risk of injury, why the hell were they selling the coffee on their drive thru menu? Why hasn’t there been a law passed which bans the drinking of coffee while seated in a moving vehicle?

Furthermore how come McDonalds is the only fastfood chain to be hit with litigation on this issue? Shouldn’t this be pause for concern for their competitors as well? I’ll tell you the answer. It’s because McDonalds was the one who choose to heat their coffee at such high temperatures. They made a conscious effort to be known for serving hot coffee. The general public wasn’t privy to the information as to exactly how much hotter McDonalds coffee was compared to normal coffee. Nor was the public aware that specifically spilling McDonalds coffee on oneself could lead to such serious injury. Why didn’t the public know about these dangers ahead of time? Because McDonalds entered in to settlement agreements with other customers who suffered a similar harm, and those settlements are not a matter of public record as those cases rarely saw trial. This lady’s case was the first one where McDonalds became arrogant amd decided that they’d rather spend more money in legal fees to defend this claim than just simply cut a check.

Well guess what happened? Through discovery, the lawyer for the lady discovered that McDonalds knew about risks of heatinf their coffee at such a high temp. They did nothing. Once the her lawyer found out that info, they lost.