At Last, A Resolution To Our 2011 Challenge To Reed Morgan, The McDonald’s Hot Coffee Plaintiff’s Attorney

As you know, we here at Abnormal Use like to write about the infamous McDonald’s hot coffee case. Twenty years after it was tried, it remains an interesting piece of litigation, not just because of the facts and its effect on the litigation culture, but also because there are so few primary sources available to the general public. We have a number of secondary and tertiary sources in the form of editorial opinion columns, television documentaries, and the like. However, few commentators rely upon the actual pleadings, motions, and witness testimony in the underlying case. That is why in early, early 2011, we prepared a FAQ file based on some primary sources available to us at that time.

Back in 2011, we were scouring the Earth for a copy of the 1994 trial transcript. It was, of course, unavailable from the court itself, as trial transcripts are not typically filed with the clerk of court (and we doubt that the court reporter would have a 17 year old trial transcript available for order). The case was settled shortly after the trial, so any appellate record would be slight, if existent at all.

Accordingly, on June 28, 2011, we issued a challenge to Reed Morgan, the McDonald’s hot coffee Plaintiff’s attorney, asking him to release the trial transcript (assuming he still had it after all of these years).

You can read that post here. In it, we noted as follows:

 The only parties with access to all relevant information are the McDonald’s corporation and Liebeck’s estate. Despite the protestations of the plaintiff’s bar and Saladoff, the McDonald’s corporation has remained curiously tight-lipped about the case over the past 17 years. There’s no evidence that this major company has engaged in any public relations campaign; and if they had, it has not been very successful, as many people are unaware of the basic facts of the case.

If the plaintiff’s bar truly wishes to expose the “truth” behind the case, then they should look to one of their own: S. Reed Morgan of S. Reed Morgan & Associates (now of the Law Offices of S. Reed Morgan, P.C.) of Comfort, Texas, the lead plaintiff’s attorney who represented Liebeck during the original trial. Presumably, Morgan has a whole host of original material which could shed additional light on the case but which are not currently in the public record. By this, of course, we refer to deposition transcripts, discovery responses, and the trial transcript, none of which is readily available in any form. Allowing the general public, as well as legal scholars and researchers, to review this material would shed much light on the case and allow partisans of any persuasion to use the actual evidence from the actual trial to advance their agendas. (Saladoff had access to at least some of this material, although it’s unclear from whom she obtained it; she told IndieWire that she “was able to secure the transcript of the trial, and then went to Albuquerque where the case was tried, located the family, the lawyers, jurors, the doctor, and started talking to as many people as possible who would talk to me.”)

We never heard from Mr. Morgan in response to the post. Perhaps he never saw it, and we doubt a defense oriented law blog is atop the list of his concerns. To be honest, all these years later, the post had sunk into the deep recesses of our memory until last week when we saw that Mr. Morgan himself had commented on the post. Last Wednesday, almost three years to the day after our original blog post on the issue ran, he post a comment and remarked:

The trial transcript is on record at the court. Any competent lawyer knows this. So I question this so-called “challenge” as written to serve any purpose other than to create an image that I have the transcript. Of course, I do not have it. Reed Morgan

We were very pleased to see that he had read our post all these years later. The following day, we responded to the comment as follows:

Reed, we appreciate your comment and thank you for visiting our site. Over the years (and again, more recently), we have reviewed the documents available from the Civil Division of the Bernalillo County Courthouse where the case was tried in 1994. In fact, the Civil Division maintains a file of 1,070 pages comprised of the pleadings, motions, and other publicly filed documents. Unfortunately, the trial transcript is not one of the documents publicly on file or available for ordering from the court. I suspect that it might have been easier to locate or obtain in 1994, but not in 2011 (when the post to which you were responding was written and published).

In fact, anyone can visit the relevant New Mexico state court website and access its online docketing system. The official website of the State of New Mexico Second Judicial District Court maintains a case look-up function which one can utilize to see the full docket sheet for the Liebeck v. McDonald’s matter. The relevant entry offers a comprehensive accounting of the case, listing all of the hearings that took place in 1993 and 1994 as well as a description of the civil complaint and a register of actions activity ranging from the filing of the complaint on March 12, 1993 all the way to March 28, 2007 (reflecting the ultimate fate of certain exhibits). The bulk of the entries, however, range from 1993 to 1995.

Generally, a trial transcript is not something that one can obtain directly from the trial court by pulling the pleadings on file. Sometimes, when a case is appealed, one might be able to obtain the trial transcript from an appellate court (if the transcript has been requested from the court reporter), but an appeal was not meaningfully pursued in Liebeck because the case resolved in late 1994 just a few months after the verdict. Trust us when we say that in 2011 we looked many, many places to obtain a copy of the trial transcript before issuing our challenge to Reed Morgan. We are elated that he ultimately replied, although all these years later, we are no longer looking for a copy.

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