Toyota Recall

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jackman

Re: Toyota Recall
« Reply #320 on: 19 Mar 2010, 02:03 pm »
this woman was definitely not responsible; mickey-dee's was 100% at fault.  it wasn't a question of whether or not the coffee was 200 or 185.  the question was whether the coffee was over 140 degrees, which is the known max temp that can safely be served/consumed w/o risking burns.  mickey-dee's policy at that time was to serve coffee at 180-190 degrees.

http://www.lectlaw.com/files/cur78.htm

regarding this toyota thing, it is clear that there is a problem; it is also clear that people are trying to cash in on it.  it is also clear that other auto mfr's besides toyota have had similar issues that were not always dealt with in a forthright manner.  examples that readily come to mind are exploding pintos, and under-inflated tires to keep explorors from rolling over...

doug s.

Doug, I disagree with the 140f standard.  Either way, people should be responsible for their own actions.  If the lady cuts herself with a knife, she shouldn't be able to sue because the knife is too sharp.  It's a knife! 

jackman

Re: Toyota Recall
« Reply #321 on: 19 Mar 2010, 02:08 pm »
So, you're an older woman who puts a cup of coffee between her legs and gets severely burned.  Who would expect that a cup of coffee is sold that is hot enough to burn you?  That's just wrong.  And to call her "money grubbing" is truly disgusting.  This is the type of post that should be banned.  You have no idea whether she's "money grubbing" at all.  If she was "money grubbing" why the heck would she put the coffee in a place where it's bound to cause severe damage?  Why not spill it on an arm?  I know if I was "money grubbing" and wanted to burn myself using their coffee, I certainly wouldn't put the extremely hot coffee.

Also, the justice system worked well in this instance.  Before this case, I had no idea that coffee was sold that was so ridiculously hot.  Now, I order all cold coffees because of this.  Without this case, there would be no such realization.

Expressing an opinion about a person who tries to cash in buy burning herself with HOT COFFEE (that's why they call it HOT) should be banned?  She had an accident and burned herself and tried to cash in with a multi-million dollar suit.  In my opinion, this is money grubbing.  What else would you call it?  I'm sure she's happy with all that cash but I don't think it was McDonalds fault.  Should people be able to sue McD's for selling fries that make them fat?

Because of people like this money grubbing lady, I'm forced to drink cold or lukewarm coffee?  That's the real crime here! :o


macrojack

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Re: Toyota Recall
« Reply #322 on: 19 Mar 2010, 02:15 pm »
The risk assumed by strategically placing a non-rigid vessel of hot liquid between one's thighs can only be borne by that individual. Temperature, by degree, does not increase that risk, only the consequent ravages of such bad judgement. She spilled the stuff. The temperature of the fluid heightened her penalty but did not induce it.

doug s.

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Re: Toyota Recall
« Reply #323 on: 19 Mar 2010, 02:17 pm »
Expressing an opinion about a person who tries to cash in buy burning herself with HOT COFFEE (that's why they call it HOT) should be banned?  She had an accident and burned herself and tried to cash in with a multi-million dollar suit.  In my opinion, this is money grubbing.  What else would you call it?  I'm sure she's happy with all that cash but I don't think it was McDonalds fault.  Should people be able to sue McD's for selling fries that make them fat?

Because of people like this money grubbing lady, I'm forced to drink cold or lukewarm coffee?  That's the real crime here! :o
i do not think you should be banned.  but, do not try gulping a sip of 140 degree coffee, or you will certainly not be happy!  :wink:
doug s.

macrojack

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Re: Toyota Recall
« Reply #324 on: 19 Mar 2010, 02:24 pm »
Quote from Jackman:

Because of people like this money grubbing lady, I'm forced to drink cold or lukewarm coffee?  That's the real crime here!

Nonsense!!!!! You are not forced to buy coffee from McDonalds. If you don't like the temp at which they serve their coffee, buy yours somewhere else.
The same goes for Toyota. If their cars scare you, buy another brand. Your
fear-mongering brand assassin rants against them have become redundant and tiresome. If others, like me, ignore your warnings and take our chances, we deserve what we get. Currently that's about 46 mpg.

jackman

Re: Toyota Recall
« Reply #325 on: 19 Mar 2010, 02:25 pm »
i do not think you should be banned.  but, do not try gulping a sip of 140 degree coffee, or you will certainly not be happy!  :wink:
doug s.

Thanks Doug!  There are lots of things you shouldn't do.  I burned my mouth on hot pizza at a restaurant recently.  Really bad!  It was extremely hot and (not to gross anyone out) all of the skin from inside my mouth peeled off.  I turned to my wife and she said, "you idiot, why didn't you wait for it to cool down?".  It never occured to me that I should sue the restaurant for not protecting me from myself.  Anyone who would think to sue for such a thing might be a money-grubber.   

I would imagine splashing 140F coffee on your "private regions" or in your eyes would be very uncomfortable and don't advise it.  However, if you spill hot coffee on yourself after hitting something while driving a Toyota as a direct result of sudden acceleration or brake failure, do you sue McD's or Toyota or both?  That's the real question!

Cheers,

J

PhilNYC

Re: Toyota Recall
« Reply #326 on: 19 Mar 2010, 02:28 pm »
So, you're an older woman who puts a cup of coffee between her legs and gets severely burned.  Who would expect that a cup of coffee is sold that is hot enough to burn you?  That's just wrong.  And to call her "money grubbing" is truly disgusting.  This is the type of post that should be banned.  You have no idea whether she's "money grubbing" at all.  If she was "money grubbing" why the heck would she put the coffee in a place where it's bound to cause severe damage?  Why not spill it on an arm?  I know if I was "money grubbing" and wanted to burn myself using their coffee, I certainly wouldn't put the extremely hot coffee.

Also, the justice system worked well in this instance.  Before this case, I had no idea that coffee was sold that was so ridiculously hot.  Now, I order all cold coffees because of this.  Without this case, there would be no such realization.

Most coffee afficianados agree that coffee should be made and served with water that is somewhere between 180-210 degrees (just below boiling).  Am also pretty sure that most tea afficianados ask for water in the same temperature ballpark when using a tea bag.  Imho, it's hard to find fault with a restaurant that serves coffee, tea made with hot water.  If it was boiling, that would be another story...

Starbucks serves their coffee well-above 140 degrees...if it was truly unreasonable, wouldn't have have seen a lawsuit or two against them for the same issue?  Particularly with today's economy?

jackman

Re: Toyota Recall
« Reply #327 on: 19 Mar 2010, 02:28 pm »
Quote from Jackman:

Because of people like this money grubbing lady, I'm forced to drink cold or lukewarm coffee?  That's the real crime here!

Nonsense!!!!! You are not forced to buy coffee from McDonalds. If you don't like the temp at which they serve their coffee, buy yours somewhere else.
The same goes for Toyota. If their cars scare you, buy another brand. Your
fear-mongering brand assassin rants against them have become redundant and tiresome. If others, like me, ignore your warnings and take our chances, we deserve what we get. Currently that's about 46 mpg.

Fear mongering, brand assasin rants?  I was just cutting and pasting articles from the news as events unfolded.  Trying my best to be neutral and unbiased as I recall.  You may have me confused with someone else.  No worries. 

Drive safely,

J

macrojack

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Re: Toyota Recall
« Reply #328 on: 19 Mar 2010, 02:29 pm »
A couple of years ago my nephew hung himself. Should my sister have sued the rope manufacturer? It was clearly too strong.

PhilNYC

Re: Toyota Recall
« Reply #329 on: 19 Mar 2010, 02:30 pm »
Thanks Doug!  There are lots of things you shouldn't do.  I burned my mouth on hot pizza at a restaurant recently.  Really bad!  It was extremely hot and (not to gross anyone out) all of the skin from inside my mouth peeled off.  I turned to my wife and she said, "you idiot, why didn't you wait for it to cool down?".  It never occured to me that I should sue the restaurant for not protecting me from myself.  Anyone who would think to sue for such a thing might be a money-grubber.   


You should sue your wife for slander...lol! :lol:

doug s.

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Re: Toyota Recall
« Reply #330 on: 19 Mar 2010, 02:32 pm »
The risk assumed by strategically placing a non-rigid vessel of hot liquid between one's thighs can only be borne by that individual. Temperature, by degree, does not increase that risk, only the consequent ravages of such bad judgement. She spilled the stuff. The temperature of the fluid heightened her penalty but did not induce it.
sorry, wrong - if the coffee is served at temps 40-50 degrees above what is recognized by industry standards as being safe, and known to be capable of scalding, inflicting 3rd degree burns, then no - it is not the fault of the person who placed the beverage between her legs, while in a car.  who here on this list has not done so?  (maybe, w/the adwent of cup-holders, this practice has been reduced somewhat.)  i know, i have.  and, yes, i have spilled, too.  never got 3rd degree burns from it, tho.  i do not think it is unreasonable to expect that, when i purchase a hot beverage in a drive-thru, it is hot, but not capable of inflicting 3rd degree burns.  so, it seems was the entire rest of the fast-food industry, w/the exception of mickey-dee's. mickey dee's now follows the industry standard.

and, macro, you are dead wrong when you say "The temperature of the fluid heightened her penalty but did not induce it."    in fact, there would have been NO INJURY WHATSOEVER if mickey-dee's had followed the recommend industry standard for serving their hot beverages.

doug s.

jackman

Re: Toyota Recall
« Reply #331 on: 19 Mar 2010, 02:34 pm »
You should sue your wife for slander...lol! :lol:

Thanks for the advice!  She's too smart and knows that I'm willing to settle "out of court" if you know what I mean.   :eyebrows:

macrojack

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Re: Toyota Recall
« Reply #332 on: 19 Mar 2010, 02:34 pm »
You should sue your wife for slander...lol! :lol:
Why sue the wife? She obviously knows him better than we do.
He dove into that pizza without sufficient investigation and with too much self-assurance. Apparently that's a behavior pattern we should keep in mind while reading his observations.

jackman

Re: Toyota Recall
« Reply #333 on: 19 Mar 2010, 02:38 pm »
Why sue the wife? She obviously knows him better than we do.
He dove into that pizza without sufficient investigation and with too much self-assurance. Apparently that's a behavior pattern we should keep in mind while reading his observations.

Hey, I've not resorted to personal attacks. If you want to go down that road, it's okay with me.  Just don't complain when things get pointed in your direction. 

EDIT: I forgot to say drive safely!  Sorry, please continue to drive safely. 

macrojack

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Re: Toyota Recall
« Reply #334 on: 19 Mar 2010, 02:46 pm »
I have an on-demand water heater set at 115 degrees. I shower without any cold mixed in. The water is not quite hot enough to inflict pain but another 10 degrees would certainly burn me. Beyond that, you are in the injury zone.

The above statement based on personal experience - not rumor, innuendo, assumption or specious "studies".

Take the matter upstream. Spilling the coffee caused the problem.

Many of us have impaired hearing from rock concerts in our youth. Is that the fault of the band? Would you even think of suing them for playing too loud? Of course not. That's a large part of why you were there, just as "hot" was a large part of why she bought the friggin coffee.

And, Doug, I'm afraid I have to say that you are dead wrong because 140 degrees still would have burned her.

PhilNYC

Re: Toyota Recall
« Reply #335 on: 19 Mar 2010, 02:50 pm »
sorry, wrong - if the coffee is served at temps 40-50 degrees above what is recognized by industry standards as being safe, and known to be capable of scalding, inflicting 3rd degree burns, then no - it is not the fault of the person who placed the beverage between her legs, while in a car.  who here on this list has not done so?  (maybe, w/the adwent of cup-holders, this practice has been reduced somewhat.)  i know, i have.  and, yes, i have spilled, too.  never got 3rd degree burns from it, tho.  i do not think it is unreasonable to expect that, when i purchase a hot beverage in a drive-thru, it is hot, but not capable of inflicting 3rd degree burns.  so, it seems was the entire rest of the fast-food industry, w/the exception of mickey-dee's. mickey dee's now follows the industry standard.

and, macro, you are dead wrong when you say "The temperature of the fluid heightened her penalty but did not induce it."    in fact, there would have been NO INJURY WHATSOEVER if mickey-dee's had followed the recommend industry standard for serving their hot beverages.

doug s.

On the other hand, if I buy a "hot coffee", I wouldn't ever think about putting it between my legs while driving...because my expectation is that it would be hot. 

EDIT: And on another note...whether it's a hot or cold drink, generally I wouldn't put a paper or plastic cup between my legs while driving simply for fear of squeezing the cup and having the lid pop off and spilling...but that's just me...

jackman

Re: Toyota Recall
« Reply #336 on: 19 Mar 2010, 03:06 pm »
On the other hand, if I buy a "hot coffee", I wouldn't ever think about putting it between my legs while driving...because my expectation is that it would be hot.

I wish we could move this coffee-talk into its own thread.  It's a fun discussion but a bit off target for the important Toyota Recall thread.  I've learned some interesting details but still don't think this lady should have collected 2 million for her own lack of good jugdment.  It pains me to agree with Macrojack but at least it shows may unquestionable objectivity.

Cheers,

J

Stu Pitt

Re: Toyota Recall
« Reply #337 on: 19 Mar 2010, 03:12 pm »
To the people who think the woman was after a pay day, address 3 issues -

1) The coffee was so hot that it caused nerve damage, several surgeries, and months of physical therapy from it.  Burning your mouth on hot pizza isn't exactly what happened here.

2) She claimed partial responsibility - sued for 80% of her out of pocket medical bills.  She knew spilled coffee would burn.  Shouldn't have caused injury to that extent.

3) The jury recommended the $2.2 million - 2 days worth of coffee sales.  It wasn't aksed for by the plaintiff.

If she didn't have any long lasting injuries and sued for millions, I'd be willing to bet it would have been thrown out immediately.

I don't think the re-imbursement of medical bills and a few bucks extra for in punitive damages was excessive.  $2.2 Million in punitive was way over the top IMO, and a appeals judge reduced it to $450k.  A bit excessive still, if you ask me, but not absurdly excessive IMO.

Remember - SHE DIDN'T ASK FOR OR GET $2.2 MILLION!!!

jackman

Re: Toyota Recall
« Reply #338 on: 19 Mar 2010, 04:09 pm »
To the people who think the woman was after a pay day, address 3 issues -

1) The coffee was so hot that it caused nerve damage, several surgeries, and months of physical therapy from it.  Burning your mouth on hot pizza isn't exactly what happened here.

2) She claimed partial responsibility - sued for 80% of her out of pocket medical bills.  She knew spilled coffee would burn.  Shouldn't have caused injury to that extent.

3) The jury recommended the $2.2 million - 2 days worth of coffee sales.  It wasn't aksed for by the plaintiff.

If she didn't have any long lasting injuries and sued for millions, I'd be willing to bet it would have been thrown out immediately.

I don't think the re-imbursement of medical bills and a few bucks extra for in punitive damages was excessive.  $2.2 Million in punitive was way over the top IMO, and a appeals judge reduced it to $450k.  A bit excessive still, if you ask me, but not absurdly excessive IMO.

Remember - SHE DIDN'T ASK FOR OR GET $2.2 MILLION!!!

Stu, you seem like a good guy and I'm sorry for bringing up the McD's example earlier.  There are lots of examples of money grubbers trying to cash in for a quick buck and maybe the McCoffee example wasn't the best one I could have chosen.  My favorite is the one where people were filmed trying to get on a city bus after an accident - so they could sue for injuries.  Unfortunately, they didn't see the camera recording their actions. At least the McD's lady had some "skin" in the game as they say and it doesn't appear her actions were intentional. 

Either way, that's what I call making $450K the hard way!

Cheers,

J

Stu Pitt

Re: Toyota Recall
« Reply #339 on: 19 Mar 2010, 06:33 pm »
Jackman - I didn't take it as anything personal or anything like that.  No need for appologies.  I posted it because its a very common misconception.  McD's PR people are the real geniuses.  They made a mulit-billion dollar company out to be the innocent victim.  They weren't the onyy guulty party in any of it.

I hate all the absurd lawsuit stuff too.  The cameras on the busses is a great one.  Here's an even better similar one -

A bus in NYC was in a very minor fender bender.  After it aired on the news for some reason unbeknownced to anyone, about a dozen people filed suit for injuries sustained while they were on the bus.

No one was on the bus other than the driver.  It was less than 2 blocks away from the depot, where it was headed because the route was done.  Police reports and survailance tape confirmed no passengers were on the bus.

Why work for it and earn it when you can sue for far more?