Kraft being sued for $5M because instructions don't include opening the package.

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Astro14 said:
Legitimate? She did it to herself.

The injury occurred in that area because she chose to place a cup of scalding hot coffee there, and then drive away!

If she dumped it in her eye, you wouldn’t say that injury was legitimate, would you? How does one safely drive whilst holding a cup in between their legs?
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Astro, the coffee was hot enough to fuse her labia to her leg.

McDonald's was found 80% responsible. So I guess her putting the cup between her legs makes her 20% responsible.
 
Jimmy_Russells said:
Astro, the coffee was hot enough to fuse her labia to her leg.

McDonald's was found 80% responsible. So I guess her putting the cup between her legs makes her 20% responsible.
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In the jury’s opinion, there was an 80/20 responsibility split. Jurys often choose awards for reasons other than common sense, or even legal sense, when sympathy and large corporations (deep pockets) are involved.

I am not arguing about the severity of her injuries. I know she was severely burned and I feel sorry for her.

But she chose to put the coffee there.

Where no sensible person would put it.

If I chose to hold a soldering iron in my teeth while I was using it, and my lip slipped and got burned, it’s not the fault of Weller.

Sticking hot things next to delicate, sensitive tissue is never a good plan.
 
Astro14 said:
In the jury’s opinion, there was an 80/20 responsibility split. Jurys often choose awards for reasons other than common sense, or even legal sense, when sympathy and large corporations (deep pockets) are involved.

I am not arguing about the severity of her injuries. I know she was severely burned and I feel sorry for her.

But she chose to put the coffee there.

Where no sensible person would put it.

If I chose to hold a soldering iron in my teeth while I was using it, and my lip slipped and got burned, it’s not the fault of Weller.

Sticking hot things next to delicate, sensitive tissue is never a good plan.
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Well, this was 1994. I don't know what she was driving, but I would wager good money that the average cupholder to vehicle ratio is a lot less than today. My first two cars, a 1992 Mustang 5.0 and a 1991 Civic Si, did not have any.
 
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walterjay said:
If I were the judge I would throw this one out of court.
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A fine idea, but until the proper motions are made, the judge cannot do anything. If Kraft decides to ignore the lawsuit, they will get a default judgment against them. So, they file an answer costing time and money. Then they file a 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted. If the judge grants to motion it is over, unless appealed. If the judge denies the motion then Kraft can move for summary judgment. In a summary judgement motion the moving party is saying the facts are not in dispute and judgment is deserved as a matter of law. If that is denied, it is on to trial. Usually, but not always, a summary judgment motion is filed after discovery has proceeded.

No, I am not an attorney. I just read too much.
 
Frivolous lawsuits have been around forever. Just off the top of my head and there are several hundred more I've heard over the past 25 years - my FIL had to defend a doctor because someone's baby was born with hypospadias. Doc was like what? I didn't put the urethral opening there? Parents could not believe their baby boy wasn't perfect and someone was at fault and needed to pay. Better yet, in NYS the case has to be Ok'd by someone licensed to practice law so someone heard that and said sure...let it precede.
 
slo town said:
Only in America. Amanda Ramirez of Florida is suing Kraft because their 3 1/2 minute prep time on the box does not include the time required to open the box, cut open the pouch, and add water.

It takes a misguided, perverted, and corrupt legal system to permit this kind of thing.

Scott

www.bbc.com

Florida woman sues Kraft mac and cheese over preparation time

The lawsuit says the company's three-and-a-half minute preparation time claim is misleading.
www.bbc.com www.bbc.com
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why isnt she also suing cause they did not tell her to BREATH while using their product!? IDIOTs are taking over one day at a time.
 
Jimmy_Russells said:
Well, this was 1994. I don't know what she was driving, but I would wager good money that the average cupholder to vehicle ratio is a lot less than today. My first two cars, a 1992 Mustang 5.0 and a 1991 Civic Si, did not have any.
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That’s because those two vehicles required both hands on the wheel at all times… the Honda because it handled quite well; the Mustang because it steered from both ends!
 
Jimmy_Russells said:
Well, this was 1994. I don't know what she was driving, but I would wager good money that the average cupholder to vehicle ratio is a lot less than today. My first two cars, a 1992 Mustang 5.0 and a 1991 Civic Si, did not have any.
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My 300ZX doesn't have any cupholders either.
 
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