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  1. #1
    Mid
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    Appeals court reinstates US$2mil lawsuit over McDonald's hot sandwich

    Appeals court reinstates US$2bil lawsuit over McDonald's hot sandwich
    Saturday February 27, 2010

    ALEXANDRIA, Virginia: It's been nearly five years since carnival operator Frank Sutton bit into a chicken sandwich at a McDonald's at a truck stop in Virginia.

    The legal world is still dealing with the ramifications.

    Earlier this month, a federal appeals court in Richmond reinstated Sutton's US$2 million lawsuit against McDonald's.

    In the lawsuit, Sutton claims his fried chicken sandwich exploded with scalding grease when he bit into it, burning his lips and face.

    The case went to trial in 2008 in U.S. District Court in Alexandria, but before the jury could deliberate, U.S. District Judge Claude Hilton dismissed it.

    "There's just no evidence here of any kind of negligence. He ordered a hot piece of chicken and he got a hot piece of chicken," Hilton said when he tossed the case.
    "It was hotter than he anticipated, and that was unfortunate."

    The case is reminiscent of an infamous 1994 case in which a New Mexico woman won nearly $3 million after spilling a cup of McDonald's coffee on her lap and suffering third-degree burns.

    She eventually settled for a lesser amount.

    Earlier this month, a McDonald's drive-thru customer in Oregon sued for $7,500 after a coffee spill produced burns that required hospitalization.

    In the Virginia case, Sutton, 62, who assembles and repairs carnival rides, testified that he was with family and friends when he stopped at a McDonald's at the Daniel Boone Truck Stop in Duffield, Virginia, at about 1:30 a.m.

    He said he had to flag down employees who were loitering outside to prepare his order.

    When he bit into the sandwich, "grease flew all over his mouth," according to friend Bill Giffon.

    Sutton testified that his lips were blistered and bleeding the next morning.

    His wife testified that the burns made it difficult, if not impossible, for her to kiss her husband.

    Several months after the incident, a doctor treated Sutton with lip balm.

    In a telephone interview, Sutton said the scars are still visible on his lower lip and that he has to take precautions to keep it out of the sun to avoid further damage.

    "It's a permanent situation with me at this point," Sutton said.

    "My opinion is it was nothing but negligence on the part of the McDonald's people."

    The judge barred Sutton's lawyer from presenting evidence that one of the employees saw the burns and said something to the effect of, "This is what happens to the sandwiches when they aren't drained completely."

    The appeals court, though, said the jury should have been allowed to hear it.

    Sutton said he sued only after McDonald's refused to pay his medical bills plus about $22,000 for a job he lost recovering from his injuries.

    "I wasn't interested in doing a lawsuit or anything like that. It's not in my nature," he said.

    It is not clear how often McDonald's faces such lawsuits.

    A spokeswoman for the Oak Brook, Illinois- based company declined to answer questions, instead issuing a written statement: "We take great pride in the food we serve our customers and set rigorous standards for food safety. We take these matters seriously. We investigate all allegations to gather the facts. We caution anyone from jumping to conclusions."

    In dismissing Sutton's lawsuit, Hilton said Sutton bore some responsibility to make sure his sandwich would not scald him.

    "How many times do people get burned by soup, sandwiches, or anything else? We've all had that happen to us," Hilton said.

    "We all have some responsibility as a reasonable person to test the temperature of what we're going to eat before we dive into it."

    But a divided appeals court, which ruled 2-1 in favor of reinstating Sutton's suit, disagreed.

    "It is not contributory negligence as a matter of law to merely bite into food served hot by a restaurant," Judge Dennis Shedd wrote in his majority opinion.

    The case has been sent back to Hilton; hearings have been scheduled for March and April. A trial date has not yet been set.

    biz.thestar.com.my

  2. #2
    Out there...
    StrontiumDog's Avatar
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    Only in America, thankfully...

  3. #3
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    Well that's a first in my experience.

    I cannot ever recall getting any food that even approached lukewarm in a MaccyDees. In fact that is my main gripe about the chain, the "food" is NEVER hot.

    I also do accept that the term food and Macdonalds should never appear in the same paragraph but this is not a serious discussion.

  4. #4
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    Still waiting for some American to sue GOD for sunburn and blaming GOD because the sun is too strong, got to be one soon.

  5. #5
    Member Hamster's Avatar
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    Ridiculous. I agree with the first judge. Order food from a restaurant and expect it to be hot. Check it first with a small nibble so you don't burn your mouth or tongue. It really is simple common sense.

  6. #6
    Hello World
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    Anyone who eats tha shite deserves to have their face burned off. The only thing worth eating was those McMuffin things and they're on about the same level as a kebab, fucking awful food

  7. #7
    Pronce. PH said so AGAIN!
    slackula's Avatar
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    Quote Originally Posted by dirtydog
    Still waiting for some American to sue GOD for sunburn and blaming GOD because the sun is too strong, got to be one soon.
    Not sunburn, but meet Ernie Chambers anyway.

    Nebraska Democratic State Senator Ernie Chambers has decided to go straight to the top in an effort to stop natural disasters from befalling the world.
    Chambers filed a lawsuit against God in Douglas County Court Friday afternoon, KPTM Fox 42 reported.

  8. #8
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    It's lucky Amerikans aint big tea drinkers, you need boiling water to make a cup of tea, I can see legislation being brought in where Amerikans wont be allowed to boil water and other dangerous and hazardous things like that.

  9. #9
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by Mid
    $2 million lawsuit
    Quote Originally Posted by Mid
    $3 million
    Hi Ronald! I'll have the hot chicken sandwich and a cup of coffee. Thank you. See you in court next week.

  10. #10
    Scene, not herd.
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    Nothing wrong with a McDonalds now and again.

    Quote Originally Posted by melvbot
    The only thing worth eating was those McMuffin things and they're on about the same level as a kebab, fucking awful food
    They had muffins for the first couple of months they had breakfast on the menu in Thai McDonalds, but replaced them with normal burger buns once they discovered Thais would eat any old shite and it would be cheaper.

  11. #11
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    The last time I bought a McDonalds burger I ended throwing it away, it was awful.

    Burger King is where it's at.

  12. #12
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    Quote Originally Posted by Beadle
    Nothing wrong with a McDonalds now and again.
    Here's what some people think is wrong with McDonalds; personally I just think they're shite...

    What's wrong with McDonald's?

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