OT what is wrong with American courts?

[Ben Gash]

Somebody sent this to me, it's as funny as it is horrifying. It may or may not be true, but it's all too believeable.

It's time once again to review the winners of the annual "Stella Awards". The Stella's are named after 81-year-old Stella Liebeck who spilled coffee on herself and successfully sued McDonalds. That case inspired the Stella awards for the most frivolous successful lawsuits in the United States.
Unfortunately the most recent lawsuit implicating McDonalds, the teens who allege that eating at McDonalds have made them fat, was filed after the 2003 award voting was closed. This suit will top the 2004 list without question.
The following are this year's winners:

5th Place (tie):

Kathleen Robertson of Austin, Texas, was awarded $780,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store. The owners of the store were understandably surprised at the verdict, considering the misbehaving little toddler was Ms.Robertson's son.

5th Place (tie):

A 19-year-old Carl Truman of Los Angeles won $74,000 and medical expenses when his neighbor ran over his hand with a Honda Accord. Mr.Truman apparently didn't notice there was someone at the wheel of the car when he was trying to steal his neighbor's hubcaps.

5th Place (tie):

Terrence ****son of Bristol, Pennsylvania, was leaving a house he had just finished robbing by way of the garage. He was not able to get the garage door to go up since the automatic door opener was malfunctioning. He couldn't re-enter the house because the door connecting the house and garage locked when he pulled it shut. The family was on vacation, and Mr.****son found himself locked in the garage for eight days. He subsisted on a case of Pepsi he found, and a large bag of dry dog food. He sued the homeowner's insurance claiming the situation caused him undue mental anguish. The jury agreed to the sum of $500,000.

4th Place:

Jerry Williams of Little Rock, Arkansas, was awarded $14,500 and medical expenses after being bitten on the buttocks by his next door neighbor's beagle. The beagle was on a chain in its owner's fenced yard. The award was less than sought because the jury felt the dog might have been just a little provoked at the time by Mr.Williams who was shooting it repeatedly with a pellet gun.

3rd Place:

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster,Pennsylvania, $113,500 after she slipped on a soft drink and broke her coccyx (tailbone). The beverage was on the floor because Ms.Carson had thrown it at her boyfriend 30 seconds earlier during an argument.

2nd Place:

Kara Walton of Claymont, Delaware, successfully sued the owner of a night club in a neighboring city when she fell from the bathroom window to the floor and knocked out her two front teeth. This occurred while Ms.Walton was trying to sneak through the window in the ladies room to avoid paying the $3.50 cover charge. She was awarded $12,000 and dental expenses.

1st Place:

This year's run away winner was Mr.Merv Grazinski of Oklahoma City, Oklahoma. Mr. Grazinski purchased a brand new 32-foot Winnebago motor home. On his first trip home, (from an OU football game), having driven onto the freeway, he set the cruise control at 70 mph and calmly left the drivers seat to go into the back and make himself a cup of coffee. Not surprisingly, the R.V. left the freeway, crashed and overturned. Mr.Grazinski sued Winnebago for not advising him in the owner's manual that he couldn't actually do this. The jury awarded him $1,750,000 plus a new motor home. (The company actually changed their manuals on the basis of this suit, just in case there were any other complete morons buying their recreation vehicles.)

[Losttrak]

Thats gotta be urban myth or some BS. That stuff either didnt happen or there is something not being mentioned in the description. There is almost always some legitimate liability if money is awarded. That or the judge is smoking crack.

[rogue]

Not so much the courts Ben as the idiots they get on the jury's. No one is responsible for their actions and they're all victims.

[Ford Prefect]

I call BS.

[MasterKiller]

The garage lawsuit is real, but it was several years ago. The guy locked in the garage was retarded, and lived on cat food for several days.

[red5angel]

I'm guessing thereis more then meets the eye as well. I would also not be surprised if these ruling sweren't challanged and overturned in court at a later date.

[stimulant]

MacDonalds,
MacDojo
MacCourt

I'm going move to USA, find someone to sue and then move back to london a rich man, just wanna live the american dream!

:D

[Kristoffer]

I hear that. I wanna live in Dumbo land too

[Shaolinlueb]

lol i read these and get ****ed off. all of em are true i believe. sometimes i wonder what the courts are smoking. i can jsut say i would appeal.

[Losttrak]

I hear that. I wanna live in Dumbo land too

Ya know. When you generalize like that... it gives people the impression that you already do.

[Kristoffer]

oh, touchy eh?

[red5angel]

you'll have to excuse Kristoffer lsttrack, he's an idiot and so sometimes can't help it.

[Losttrak]

Kristoffer,

That was just a free public service message. So sooner you realize that nature doesnt discriminate when it comes to moronic allocation, the less you might resemble one.

[unkokusai]

Originally posted by MasterKiller
The garage lawsuit is real, but it was several years ago. The guy locked in the garage was retarded, and lived on cat food for several days.

You must have been hungry when they finally let you out!

[GreyMystik]

i'm fairly sure the one in texas is a farce.

i broke my leg in texas, in a club, on the 4th of july, slipping on a wet floor (someone had spilled a drink).

i called a lawyer (after i got released from hospital for surgery) and told them my story..several lawyers in fact.

they all stated that it would be highly unlikely that i could win because the laws in texas pretty much make it the responsibility of the "victim" to prove negligence on the part of the store owner/manager at the time.

basically i would have had to been able to prove to a jury that the club owner/manager:

1. KNEW there was a spill there
2. CHOSE not to do anything about it, and
3. as a result of this negligence, i broke my leg, thereby making it the responsibility of the owner/manager.

therefore, i find it EXTREMELY unlikely that a jury awarded some woman a metric a$$load of money for her tripping over her own son in a store. or, if that were the case, i'm sure we're not getting all the details (perhaps there was a spill in the store the manager knew about, refused to clean, her son slipped on it and she tripped over the boy...now THAT would make sense)

[Losttrak]

Exactly The woman could have slipped on her drink and sued, but to get money... the business would have to have neglected to clean it up in a reasonable period of time. Thus... the liability. The irony of the situation doesnt dismiss liability regardless of how fitting it may be.

[Kristoffer]

lol look at all the dumbos, joining togheter. I put out a troll post n u guys swallow like a *****. can we get back to ridiculing your country's so called democracy now?

[red5angel]

lol look at all the dumbos

That's rich coming from a guy who continues to use the word dumbo.....

[Losttrak]

I am unclear on what you are talking about, Kristoffer. Could you elaborate from your own personal experience on how you "swallow like a byeeotch"? Just morbid curiousity.


P.S. Your postings also explain why Sweden has the highest suicide rate. Remember, when you slice the wrist, its "down the road", not "across the street".

[4everblu]

Guys
No need to try to explain this "innocent" inquiry. Dont you realize that America and American bashing is sport in Europe? Just shrug it off with a smile because you know that we are a religious nation, an economic. military and culturally hyperpower and it drives them ****ing crazy. Its easier to try to bring us down to their level then to rise to ours. Its quite transparent.
Debtors always hate their Creditors.

USA: The New York Yankess of the world
:D

[Ford Prefect]

Please refer to the links:

http://www.snopes.com/legal/lawsuits.asp

http://www.snopes.com/autos/techno/cruise.asp

I knew this was BS. lol @ believing these.

[Losttrak]

Debtors always hate their Creditors.


Haha. Good stuff.

[Kristoffer]

When europeans cut their wrist it pours blood, when americans cut their wrists it pours grease, perhaps butter

[red5angel]

When europeans cut their wrist it pours blood, when americans cut their wrists it pours grease, perhaps butter



ooooooh, good one! :rolleyes: Kristoffer, are you sure your parents want you cruising the internet at your age?

[Kristoffer]

nah probably not, considering all the dangers

[Losttrak]

Mine pour Dulce de Leche. What can I say? I have international tastes. :D

[unkokusai]

Originally posted by Kristoffer
When europeans cut their wrist ,

They beg America to come fix it!

[Losttrak]

LOL

[Radhnoti]

My understanding is that the woman who spilled hot coffee on herself had 3rd degree burns and had to have skin grafts. The coffeemaker was malfunctioning or something, and I believe she was able to prove that they knew the coffee was WAY too hot.

Nevertheless, I think ours has become a sue-happy nation. Not so long ago I heard a bit about something I'd never seen before or since, "jury nullification".
Jury nullification is the concept that specific laws can't be written for every case, so the jury doesn't have to judge a case based solely upon the edicts of written laws. SO, if you're on a jury and a lawyer or judge is telling you, "This is what the law says, so you have to find this way." They're wrong. Allowances were made for common sense in our legal system, it's just rarely mentioned. At least that's what the material I found said...

Another thing, I think we should follow the example of the British courts and change our system to "loser pays". Frivilous lawsuits would disappear overnight, the courts might actually "unclog", more folks would choose to settle out of court. The only reason I can see NOT to do it is that it might put a lot of lawyers out of work.
I'd love to hear Judge Pen's opinion on this stuff...

[MasterKiller]

Originally posted by Kristoffer
When europeans cut their wrist it pours blood, when americans cut their wrists it pours grease, perhaps butter With all the sperm our soldiers pumped into your women during WWI and WWII, your wrists should spill American crude as well.

[rubthebuddha]

bs is right, but we have a greater problem:

whether or not these stories are true isn't at issue, because it's easy to call bull****. the problem lies in the fact that we wouldn't be all that surprised if a jury was dumb enough to award in such a way.

as the expression goes, do you want to trust your fate to 12 people who couldn't get out of jury duty? :o

[Losttrak]

Well, a few of us here were surprised. I think that alot of people are being swayed by propaganda and television. I have been in courts several times and they were very critical, intense affairs and no one was given much latitude. If anything like those cases every truly occured it would be a tragic fluke that would be appealed and summarily rejected.

[Kristoffer]

Originally posted by MasterKiller
With all the sperm our soldiers pumped into your women during WWI and WWII, your wrists should spill American crude as well.

psssst, american soldiers never touched our soil .. but yeah, sure :D

[MasterKiller]

I think a lot of jurors go out of their way to award outrageous money settlements because it makes them feel like they are sticking it to the man.

[Losttrak]

psssst, american soldiers never touched our soil .. but yeah, sure

Naw I distinctly remembering my grandfather's memoirs saying he, "peed out the bomb-bay doors when he was flying over Sweden," in a flying fortress.

[Kristoffer]

he was just grumpy coz none of our women wanted to touch his wee wee. I'm sure your ugly-ness runs in the family, nothing to be ashamed of really

[Losttrak]

Now since American soldiers never set foot in Sweden and apparently saw his "wee wee" as you put it... that means they saw it swing by as he flew by at 30,000 feet. I'd say thats a helluva compliment, ugly or not. :D

[Kristoffer]

lol

[Merryprankster]

It's time once again to review the winners of the annual "Stella Awards". The Stella's are named after 81-year-old Stella Liebeck who spilled coffee on herself and successfully sued McDonalds.

You do realize that at the time, McDonald's heated their coffee to nearly 180 degrees (fahrenheit, that's about HOT in Celcius), and that the Shriner's hospitals, which handle burn victims, had sent them several letters requesting that they please turn down the heat to 160, which is plenty hot, but has significantly less chance of causing burns? It takes an assload of heat to raise and lower the temperature of water and that 20 degree difference would likely have kept her from serious injury.

Further, she suffered 2nd and 3rd degree burns as a result of the spillage, to her groin and inner legs, had to undergo several surgeries to correct it.

Yeah, she spilled the coffee, but it was foreseeable, w/respect to McDonalds, that somebody would spill their coffee in their lap. McDonalds was therefore negligent. The simple act of turning down the heat would have saved her significant surgery time, recovery, pain, etc. That's all it would have taken. It's not like she climbed over a fence, broke into McDonald's and poured coffee on her head.

This is the most cited "frivolous" suit on the internet, and most people don't even know the facts.

As far as what's wrong with our justice system? Nothing. We have so many lawyers and cases for one beautiful, glorious reason - everybody feels they have access to the U.S. court system. The fact that even the imprisoned, poor and stupid can be heard is a virtue, not a bad thing.

[Judge Pen]

Originally posted by Radhnoti

I'd love to hear Judge Pen's opinion on this stuff...

MP you're right. In one of the McDonald's coffee spill cases (it is my understanding that there were more than one), the manager of that McDonalds intentionally turned the heat up on the coffee. His reasoning: He was annoyed at some old timers that hung out there every morning. One of the ladies lost all sexual function due to the burns in her private area. How much is an orgasm worth fellows?

Jury Nullification is a trikey issue with a court. While juries are free to ignore the law, there is a debate as to whether attorney's (as both officers of the court and as an advocate of their client) can argue that a jury do so. Actually a good illustration of jury nullification is the movie "A Time To Kill." Not a great movie, but that's what the jury had to do to exonorate Sam Jackson's character. A strict interpretation of the law meant he was guilty of murder no matter how morally justified he was at the time he committed the act.

Also the British Rule vs. The American Rule regarding payment of litigation. It sounds appealling. Actually most court's civil prcedure rules allow for this on a limited basis with the repayment of discretionary costs to the victor of a lawsuit. this does not include attorney's fees and that's where the real rub in this debate lies. The American Rule encourages people of limited means to bring litigation without fear of paying the fees of the corporate lawyers hired to defend company X. This is seen as a progressive system that allows access to the courts by the poor. It also can encourage frivilous lawsuits but the risk of that is then born by the party that is most able to afford the risk: the rich company.

The founders of our justice system felt that the British Rule would discourage people from bringing valid lawsuits for the risk of paying costs on a suit that might be valid; however, one that they ultimately lost (it does happen people win that shouldn't and people lose that shouldn't too). In thier estimation, it was better to encourage them to use the courts (and, in theory cut down on self-help justice and crime that the poor may be more inclined to engage in) then to make everyone pay as they go. My thinking is that each state could decide this for its own, but I'm not aware of any state that allows the British Rule across the board in its litigation.

And, yes Rad, most lawyers agree with the American rule for the job security it provides!
:D

[Merryprankster]

The American Rule encourages people of limited means to bring litigation without fear of paying the fees of the corporate lawyers hired to defend company X. This is seen as a progressive system that allows access to the courts by the poor. It also can encourage frivilous lawsuits but the risk of that is then born by the party that is most able to afford the risk: the rich company.

Bingo. Access anyone....anyone?

I'll take frivolous lawsuits as the price of access.


MP you're right. In one of the McDonald's coffee spill cases (it is my understanding that there were more than one), the manager of that McDonalds intentionally turned the heat up on the coffee. His reasoning: He was annoyed at some old timers that hung out there every morning. One of the ladies lost all sexual function due to the burns in her private area.

Hmmm... the facts as I am aware of them is that official company policy was 180. Lemme check.

[rogue]

Didn't know that about the McD case. Shines a different light on it.

[Merryprankster]

http://www.encyclopedia4u.com/m/mcdonald-s-coffee-case.html

good summary here.

[Radhnoti]

Judge Pen - "And, yes Rad, most lawyers agree with the American rule for the job security it provides!"


I KNEW IT!


...lawyers...

;)

[4everblu]

True, it wasnt American but Nazi sperm pumped into Swedish women:D

Just a taste:http://www.coronetbooks.com/books/swed0136.htm

Ah, the neutral Swedes! ***** envy at its worst. Unable to defend yourself you decide to bend over for the Nazis.

When there is America bashing to be done, it always seems the Swedes are first in line.

Arsehole
When an American bleeds, its blood red. The same blood that was shed so your sorry ass can live in freedom. The same bood that was shed to remove the Nazis from your soil. The same blood that was shed by real men willing to die to protect their families and way of life.

Do you enjoy your life in Sweden? How does it feel to know that you and yours had nothing to do with it.

[Kristoffer]

Sweden isn't neutrual. It's just alliance-free. What we did in WW2 can be argued over alot, but I don't expect you to really know anything. At the time. Soviet started the Winter Wars to invade Finland, we sent in thousands of soldiers to aid the fins (calling them volenteers). Since the Nazis were also fighting Russia, we manipulated them to achive our goals - To not get involved and to help our neighbors. Right or wrong? Depends on who you ask.


When there is America bashing to be done, it always seems the Swedes are first in line.

And when there's Sweden bashing to be done, it always seems the Americans are first in line.


When an American bleeds, its blood red

When an American spells, its spell good :p


Do you enjoy your life in Sweden? How does it feel to know that you and yours had nothing to do with it.

The **** do I care? I was born in the eighties not the fifties. Defending my country's actions seems kinda stupid concidering I'm not a politician. But if you really wanna compare our countrys why don't we take things out from the middle-ages for a while and to the present?

Or, we could just stop :D

[Losttrak]

Ancient history? Ok. I want to complain about the viking, Harold Hardrada. Vikings were more or less in that area so we will batch him in with the Swedes. WTF was he thinking to have his army take their armor off before receiving the English surrender. After all his battles, he never had anyone pull a fast one on him? Do vikings melt in the sun? Bah.

[Kristoffer]

Dude, I blame the mushrooms

[Losttrak]

Lol. Prolly right.