Court: Man Burned By Fajitas While Praying Can’t Sue Applebee’s

[COLGATE4]

84. Except in the McDonalds' case:

1 - Their coffee was served (if memory serves) some 15 degrees hotter than anyone else in the industry. (McDonalds tried to claim that this was because it 'enhanced flavor' but testimony showed that McDonalds mandated a higher temperature to dissuade customers from free refills).
2- Expert medical testimony established that this difference in temperatures meant that a burn would be a third degree burn rather than second degree .
3- McDonalds' attorneys had already warned their Brass about problems with the high temperature and spilling, advising them to either lower the temp of the coffee or put a warning on the lid of the cup. They ignored the advice, putting a tiny warning around the rim of the cup where it was not obvious.
4- Ms. Liebeck initially only sued for her medical costs, (again, if memory serves) some $20,000. McDonalds, in a gesture of corporate citizenship told her to pound sand. Only after that did she persue tort damages.