Jury found wdw 100% negligent in my slip & fall in vomit!

[SirDuff]

Actually any house hold pot of coffee, just brewed......if poured between a persons legs will cause severe burns. Still its a matter of common sense. Please do not try this at home.


AKK

Okay, I didn't realize that you knew more than the experts who spoke at the trial. Sorry about that.

Again, sticking the cup between her legs was not a smart idea. However, had McDonald's lowered the temperature of their coffee (as they had been told to do) she would not have received the burns that she did.

 

[MaryLovesPoohBear]

But, but, but . . . . . . . . . . it was VOMIT.

Sorry, but I'm not sure why every time the OP used the word VOMIT. It had to be in capital letters. And honestly? If Disney lawyers read the thread, they will have something to show the jury. And it won't help the OP.

 

[Judique]

Things are slick when they are wet...

I remember the steps at PoP being extremely slick and I was always worried I was going to slip while there. But I used them anyway and was careful. If I had fallen I would have never thought it was Disney's fault...

If you had fallen and had some serious medical bills from a serious injury, you might have felt differently.

You may have gone to the hospital for treatment.

Your insurance company may have refused to pay your bills because they may have investigated the cause of your accident and decided that the fault belonged to Disney.

Then again, you may have been happy to pay all the bills. Perhaps thousands of dollars.....

 

[SirDuff]

And honestly? If Disney lawyers read the thread, they will have something to show the jury. And it won't help the OP.

A couple of people have said the same/similar. In what way do you think the posts would hurt the case?

 

[Tonka's Skipper]

Okay, I didn't realize that you knew more than the experts who spoke at the trial. Sorry about that.

Again, sticking the cup between her legs was not a smart idea. However, had McDonald's lowered the temperature of their coffee (as they had been told to do) she would not have received the burns that she did.

Actually I do,but that is not saying much went compared to *PAID* alleged experts.
and yes the temp was high and the burns were more severe then a normal pot at home, but as I said even that normal everyday pot would cause serious burns............but that is not saying much went compared to *PAID* alleged experts.

However it still comes down to common sense.......if she didn't put the cup there she would not have been burned.

AKK

 

[MaryLovesPoohBear]

A couple of people have said the same/similar. In what way do you think the posts would hurt the case?

Simply the way the post was written. Rambling without a clear path. Arbitrary capitalization and punctuation. It could certainly add to whatever they have on the mental status of the OP.

 

[ericstac]

Someone I was with at disney last year slipped and fractured her arm at the POP and they gave her 10 any day passes for her troubles.

 

[Slayd]

J.K. Rowling, is that you?

 

[SirDuff]

Simply the way the post was written. Rambling without a clear path. Arbitrary capitalization and punctuation. It could certainly add to whatever they have on the mental status of the OP.

I guess. But unless it is a mental status of "person who would set-up a fake fall" or "person who would fake injury", I guess I don't really see how it would help Disney. Not arguing the fact that the OP does not come across well, just not sure how Disney could use her posts.

 

[Teamubr]

Okay, I didn't realize that you knew more than the experts who spoke at the trial.

There's a reason each side has their own "experts" that often contradict each other. Generally when someone is paid for their "expert opinion", anyone with common sense will come across like they know more. I worked as a legal nurse consultant for several years. I was one of those "experts". I refused many cases where I was asked not to be honest. Unfortunately, there are many people out there with less integrity.

Whoa now....talk like that will get you "taken down a notch" in here like it did me a few posts back. I should've watched where I was posting.

That's some funny stuff there.

j

 

[jtowntoflorida]

Simply the way the post was written. Rambling without a clear path. Arbitrary capitalization and punctuation. It could certainly add to whatever they have on the mental status of the OP.

Not sure why mental status of the plaintiff would have any bearing on whether on the amount of damages Disney would be liable to pay. The issue of fault has already been decided, but I also can't imagine the OP's mental status would be relevant to a slip & fall case. Plus, her mental status today really has very little to do with what her mental status was in 2007 when the injury occurred.

So the OP got an $80,000 judgment, maybe gets to keep $52K of that if her attorneys only take 35%. Personally for me, that wouldn't be worth the $7K/year to go through a protracted legal fight, but I'd guess that's what Disney was banking on when they wouldn't settle (or wouldn't settle for the amount the OP was asking for, which I assume is astronomical). In that regard, well played, OP...you certainly showed Disney.

 

[MaryLovesPoohBear]

Not sure why mental status of the plaintiff would have any bearing on whether on the amount of damages Disney would be liable to pay. The issue of fault has already been decided, but I also can't imagine the OP's mental status would be relevant to a slip & fall case. Plus, her mental status today really has very little to do with what her mental status was in 2007 when the injury occurred.

As the so called plaintiff said herself, the other side questioned whether she was lying about the amount of pain she was in, if she was malingering. In fact, they kept her under surveillance for 7 years, or 80 hours, or something like that. They obviously don't believe her story.

Anything that adds to their arsenal, they will use.

 

[TXAKDisneyFan]

Except all coffee is hot and can burn and common sense would lead people not to place it between your legs while sitting in a car.

Which is why the award was cut back big time!

AKK

Read the case report rather than news articles and you'll see that the facts were misconstrued in the media (including that the plaintiff wasn't the one driving, McDonalds kept the holding temperature of it's coffee around 190 degrees F (compared to about 135 degrees that a home coffee brewer would heat the coffee to), McDonalds acknowledged both prior burn incidents and that they were aware coffee at that temperature was capable of causing third degree burns within 60 seconds, etc).

 

[jon18uk]

Read the case report rather than news articles and you'll see that the facts were misconstrued in the media (including that the plaintiff wasn't the one driving, McDonalds kept the holding temperature of it's coffee around 190 degrees F (compared to about 135 degrees that a home coffee brewer would heat the coffee to), McDonalds acknowledged both prior burn incidents and that they were aware coffee at that temperature was capable of causing third degree burns within 60 seconds, etc).

Good thing it wasn't hot tea then as that is usually around 90-100 celsius (195 - 210 Farenheit)!

I would expect both hot tea and coffee to be this sort of temperature (particularly as Instant coffee is a main drunk at home in UK and this is made using bioling water). I don't really understand anyone arguing that the coffee shouldn't have been that hot, as I expect it to be 190 farenheit!

 

[Tonka's Skipper]

Read the case report rather than news articles and you'll see that the facts were misconstrued in the media (including that the plaintiff wasn't the one driving, McDonalds kept the holding temperature of it's coffee around 190 degrees F (compared to about 135 degrees that a home coffee brewer would heat the coffee to), McDonalds acknowledged both prior burn incidents and that they were aware coffee at that temperature was capable of causing third degree burns within 60 seconds, etc).

Agreed, and most commercial coffee machines keep their coffee at a much higher temp then home pots.

The main point I was making is that anyone with common sense would not put hot cup of coffee or tea between their legs.... fresh pot of home coffee is higher then 135 and drops to about 135 as it sits.

AKK

 

[North of Mouse]

I would expect both hot tea and coffee to be this sort of temperature (particularly as Instant coffee is a main drunk at home in UK and this is made using bioling water). I don't really understand anyone arguing that the coffee shouldn't have been that hot, as I expect it to be 190 farenheit!

I agree! Dh bought a more expensive coffee maker to assure that his coffee 'is' as hot as it 'should' be. What did the woman expect? If it had been less hot, would she have said, oh, that just scalded me, not extensive burns, but that's OK!!! What a hoot she was!

 

[Lewisc]

Agreed, and most commercial coffee machines keep their coffee at a much higher temp then home pots.

The main point I was making is that anyone with common sense would not put hot cup of coffee or tea between their legs.... fresh pot of home coffee is higher then 135 and drops to about 135 as it sits.

AKK

Common sense suggests not using a paper bag to serve very hot beverages in a drive through window. The car didn't have a cup holder. Holding the cup between her legs is something many people would have done. Hot beverages are now served in drink carriers. I suspect the McDonalds case is one of the reasons for the change.

The person in the McDonalds case was willing to settle for around $20,000, enough to cover medical expenses. The person had suffered third degree burns.

 

[Tonka's Skipper]

Common sense suggests not using a paper bag to serve very hot beverages in a drive through window. The car didn't have a cup holder. Holding the cup between her legs is something many people would have done. Hot beverages are now served in drink carriers. I suspect the McDonalds case is one of the reasons for the change.

The person in the McDonalds case was willing to settle for around $20,000, enough to cover medical expenses. The person had suffered third degree burns.

Hi Lewisc, good to see you.

Bottom line is and was that it is stupid to put a hot cup in-between your legs. The bag was not the point and if the car did not have cup holders a common sense person would have a arrangement to put the bag in a secure place.

I am glad that now most of the time multi drinks (hot and cold) are served they have the paper carriers, but again not the point.


AKK

 

[DanBoris]

Hi Lewisc, good to see you.

Bottom line is and was that it is stupid to put a hot cup in-between your legs. The bag was not the point and if the car did not have cup holders a common sense person would have a arrangement to put the bag in a secure place.

I am glad that now most of the time multi drinks (hot and cold) are served they have the paper carriers, but again not the point.


AKK

If this had been a isolated incident I could see putting the blame more on the customer then McDonalds, but the fact is 100's of people had been injured this way, some just as severely, yet McDonalds chose to continue selling coffee at an unsafe temperature

 

[TXAKDisneyFan]

If this had been a isolated incident I could see putting the blame more on the customer then McDonalds, but the fact is 100's of people had been injured this way, some just as severely, yet McDonalds chose to continue selling coffee at an unsafe temperature

I feel kind of silly for discussing the McD case on this forum since they're pretty unrelated, but...

If I remember the case report correctly, McDonalds had previously had something like 700 coffee burn cases (I don't remember if those were just complaints or suits filed), including a case where a worker dropped a cup of coffee on someone while handing their coffee to them through the drive-thru window. They also acknowledged that at the temperature they served their coffee, it would definitely cause third degree burns to lips, mouths, and throats if immediately consumed; they argued that most people wait until they get to work or home to drink their drive-thru coffee (which studies showed is not the case). The burns the plaintiff suffered were also much more than scalds - you can look up pictures showing her freshly-grafted skin if you so choose. And yes, holding hot liquids between your knees isn't advised, which is why her settlement award was reduced by 20%.

As an aside, if you're drinking liquids over about 130*F, you're putting yourself at serious risk for third-degree burns. http://www.burnfoundation.org/programs/resource.cfm?c=1&a=3