The McDonald's Hot Coffee Case: Separating Fact from Fiction
January 11, 2012 | John T. BuchmanIt seems most everyone has heard about the McDonald’s “Hot Coffee” verdict, however, it may well be one of those “facts” we remember without really knowing how we every learned them. Furthermore, most people repeat those “facts” without ever learning whether or not they were true. Most people assume that the Plaintiff carelessly spilled hot coffee on her self and ended up with millions of dollars. Many people then argue that this exemplifies the “fact” that there are too many lawsuits and juries give out ridiculous verdicts to the undeserving. However, the facts are decidedly to the contrary. The Plaintiff, Stella Liebeck, was 79 years old when she bought a cup of coffee at McDonalds and got into her son’s car. The car did not have a console area to set her cup while she was riding as a passenger. She placed the cup between her knees while she was pulling off the lid and the cup spilled. Unlike most of the coffee that people make at home or buy from most any other restaurant, McDonald’s coffee was 180°. Most other coffee is heated to between 135-140°, a temperature that will not produce third-degree burns. However, McDonald’s, based on a consultant’s advice, brewed their coffee to 180-190°. I’ve heard different versions as to…
Read MoreBlocking Back and Neck Pain
January 3, 2012 | John T. BuchmanBack and neck pain are common afflictions which, by report, cost the United States millions of dollars in lost work time and medical costs each year. Those who suffer from chronic back and neck pain often must limit or give up activities they enjoy. While frequently due to car crashes, such pain can also be caused by many other factors. Medical science is still trying to identify and treat the cause of such pain. The American Medical Association itself is recognizing the long-term implications of ongoing chronic pain. An entire chapter is devoted to this in the AMA Guides to the Evaluation of Permanent Impairment. In car crash cases, the insurance industry routinely hires doctors that ignore this growing body of medical science and, without any real factual or scientific support, claim all injuries heal within 6-12 weeks. There is a growing subspecialty in medicine of pain management utilizing therapy and various procedures short of surgery to deal with ongoing pain. These often involve injections that serve both a diagnostic and therapeutic purpose. Many people, who are frustrated with attending physical therapy or chiropractic appointments, experience ongoing pain despite performing exercises and using over-the counter or prescription medications. These people often become frustrated with the inability of their doctors to determine a definitive…
Read MoreBuckle Up!
November 15, 2011 | Jon P. EricksonI recently read two different articles about the rate of traffic accident deaths where seat belts were not being used. One was about the motor vehicle accident (MVA) death rate in MN, and the other involved the statistics nationally. Both articles stated that some 50{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of the people who died in MVA’s were not wearing seat belts. We see this in many of the MVA cases where we represent the deceased’s family or where there have been serious injuries. That percentage to me is very disturbing! It tells us that many of our MVA deaths are preventable simply by fastening a seat belt before driving and/or when getting into a car. There are very few cars if any that don’t have seat belts. I am taking this time to remind all of us how easy it would be to lower the death rate….FASTEN YOUR SEAT BELTS!! The other disturbing part of these articles was how many of these deaths involved our young drivers, young men and women under the age of twenty five. We have to take the time to try to get these young people to remember to fasten their seat belts when they get in their cars. Here are some very easy things we all can do to prevent these deaths:…
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