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Go Back  Sherdog Mixed Martial Arts Forums > General Discussion > Mayberry Lounge > ( . )( . ) Stella Awards ( . )( . )

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Old 04-24-2008, 08:28 AM   #1 (permalink)

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( . )( . ) Stella Awards ( . )( . )

It's time again for the annual 'Stella Awards'! For those unfamiliar with these awards, they are named after 81-year-old Stella Liebeck who spilled hot coffee on herself and successfully sued the McDonald's in New Mexico where she purchased the coffee. You remember, she took the lid off the coffee and put it between her knees while she was driving.

Who would ever think one could get burned doing that, right?

That's right; these are awards for the most outlandish lawsuits and verdicts in the U.S. You know, the kinds of cases that make you scratch your head. So keep your head scratcher handy.



Here are the Stella's for the past year:

7TH PLACE:
Kathleen Robertson of Austin, Texas was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store. The store owners were understandably surprised by the verdict, considering the running toddler was her own son.



6TH PLACE:
Carl Truman, 19, of Los Angeles, California won $74,000 plus medical expenses when his neighbor ran over his hand with a Honda Accord. Truman apparently didn't notice there was someone at the wheel of the car when he was trying to steal his neighbor's hub caps.



Go ahead, grab your head scratcher.



5TH PLACE:
Terrence Dickson, of Bristol, Pennsylvania, was leaving a house he had just burglarized by way of the garage. Unfortunately for Dickson, the automatic garage door opener malfunctioned and he could not get the garage door to open. Worse, he couldn't re-enter the house because the door connecting the garage to the house locked when Dickson pulled it shut. Forced to sit for eight, count 'em, EIGHT, days on a case of Pepsi and a large bag of dry dog food, he sued the homeowner's insurance company claiming undue mental Anguish. Amazingly, the jury said the insurance company must pay Dickson $500,000 for his anguish. We should all have this kind of anguish.



Keep scratching. There are more...

4TH PLACE:
Jerry Williams, of Little Rock, Arkansas, garnered 4th Place in the Stella's when he was awarded $14,500 plus medical expenses after being bitten on the butt by his next door neighbor's beagle - even though the beagle was on a chain in its owner's fenced yard. Williams did not get as much as he asked for because the jury believed the beagle might have been provoked at the time of the butt bite because Williams had climbed over the fence into the yard and repeatedly shot the dog with a pellet gun.



Grrrrr ... Scratch, scratch.



3RD PLACE:
Third place goes to Amber Carson of Lancaster , Pennsylvania because a jury ordered a Philadelphia restaurant to pay her $113,500 after she slipped on a spilled soft drink and broke her tailbone. The reason the soft drink was on the floor: Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argument.

What ever happened to people being responsible for their own actions?

Scratch, scratch, scratch. Hang in there; there are only two more Stella’s to go...

2ND PLACE :
Kara Walton, of Claymont, Delaware sued the owner of a night club in a nearby city because she fell from the bathroom window to the floor, knocking out her two front teeth. Even though Ms. Walton was trying to sneak through the ladies room window to avoid paying the $3.50 cover charge, the jury said the night club had to pay her $12,000....oh, yeah, plus dental expenses. Go figure.




1ST PLACE: (May I have a fanfare played on 50 kazoos please?)

This year's runaway First Place Stella Award winner was Mrs. Merv Grazinski, of Oklahoma City, Oklahoma, who purchased a new 32-foot Winnebago motor home. On her first trip home from an OU football game, having driven onto the freeway, she set the cruise control at 70 mph and calmly left the driver's seat to go to the back of the Winnebago to make herself a sandwich. Not surprisingly, the motor home left the freeway, crashed and overturned. Also not surprisingly, Mrs. Grazinski sued Winnebago for not putting in the owner's manual that she couldn't actually leave the driver's seat while the cruise control was set. The Oklahoma jury awarded her, are you sitting down, $1,750,000 PLUS a new motor home. Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any relatives who might also buy a motor home.



Are we, as a society, getting more stupid...???? Stupid question, right?
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Old 04-24-2008, 08:41 AM   #2 (permalink)
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are these real? they're not so much funny as they are disheartening, lol.
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Old 04-24-2008, 08:58 AM   #3 (permalink)

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I really hope that this isnt real even though deep down I know that it really is.

It makes me sad that people like this get rewarded and not weeded out. Well I guess, all in all, we do a decnt job weeding out bad guys and stupid fucks. But still, this shit is ridiculous.
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Old 04-24-2008, 09:15 AM   #4 (permalink)

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The details of the McDonalds coffee case are different than what most people hear or read. The basic premise of what happened is listed above.

The details of the suit revolve around McDonald business practices.

McDonald offers coffee with free refills. The McDonald business practice, was to "super heat" the coffee so that they would not ever have to give the free refill, and make a better margin on the product.

The lawsuit argued that the severity of the injuries were caused by the business practice of the restaurant, and that if McDonalds did not "super heat" their coffee the burns would not have been as severe.

The facts of the case are based on the woman getting 3rd degree burns vs 1st degree burns she should have gotten. Here are some other details:

McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.

McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)

McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.

McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

The most important message this case has for you, the consumer, is to be aware of the potential danger posed by your early morning pick-me-up. Take extra care to make sure children do not come into contact with scalding liquid, and always look to the facts before rendering your decision about any publicized case.
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Old 04-24-2008, 09:16 AM   #5 (permalink)
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edit 2short posted befroe me
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Old 04-24-2008, 09:33 AM   #6 (permalink)

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Quote:
Originally Posted by 2short View Post
The details of the McDonalds coffee case are different than what most people hear or read. The basic premise of what happened is listed above.

The details of the suit revolve around McDonald business practices.

McDonald offers coffee with free refills. The McDonald business practice, was to "super heat" the coffee so that they would not ever have to give the free refill, and make a better margin on the product.

The lawsuit argued that the severity of the injuries were caused by the business practice of the restaurant, and that if McDonalds did not "super heat" their coffee the burns would not have been as severe.

The facts of the case are based on the woman getting 3rd degree burns vs 1st degree burns she should have gotten. Here are some other details:

McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.

McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)

McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.

McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

The most important message this case has for you, the consumer, is to be aware of the potential danger posed by your early morning pick-me-up. Take extra care to make sure children do not come into contact with scalding liquid, and always look to the facts before rendering your decision about any publicized case.
I feel exactly the same I did after I read the short version.
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Old 04-24-2008, 09:34 AM   #7 (permalink)

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snopes says false

http://www.snopes.com/legal/lawsuits.asp
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Old 04-24-2008, 09:40 AM   #8 (permalink)

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Quote:
Originally Posted by Dempsey Roll View Post
I feel exactly the same I did after I read the short version.
I am just pointing out the real facts of the case, so that people can make a more informed decision.

If you still think it was wrong to win that suit, then great. You can now make an arguement and debate it based on facts not feelings.

Personally, I see both sides now. Before I knew the details I felt this was a frivilous lawsuit and would argue with my ralatives who are lawyers. After learning the details, the lawsuit really wasn't even about the lady getting burned, and really should have been a class action suit vs. personal injury.
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Old 04-24-2008, 09:47 AM   #9 (permalink)

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They are real, we acutally spent a substantial amount of time going through the cases in my BLAW class, enough so that we went through who were the judges that presided over the cases and where they are in appealate court as of right now...
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Old 04-24-2008, 10:01 AM   #10 (permalink)

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Originally Posted by KnockoutsGalore View Post
They are real, we acutally spent a substantial amount of time going through the cases in my BLAW class, enough so that we went through who were the judges that presided over the cases and where they are in appealate court as of right now...
If they are real, then there have to be other details behind these cases. Anything you remember?
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