Revolutionary Hot Coffee Lawsuits Filed in California

According to a report from ABC-30 (Fresno, CA), two Fresno women have recently filed suit against McDonald’s alleging that they sustained burns caused by hot coffee. There is nothing unique or interesting about two new hot coffee suits as they have been commonplace in the 20+ years since the infamous jury verdict in Liebeck v. McDonald’s. What is interesting, however, is that Plaintiffs’ counsel and ABC-30 seem to think they made some newfound discovery as to the reason these suits keep popping up. As reported by ABC-30:

Wagner says hotter coffee stays fresh longer, so McDonald’s usually chooses to keep it too hot — saving more than $1 million a day at franchises across the country. Legal analyst Jeff Hammerschmidt says that savings may be more valuable than customer safety. ‘It appears McDonald’s has made a business decision to sell the coffee hotter to be able to make more profit and they continue to make more profit even if they’re paying settlements,” he said.

In other words, McDonald’s serves hot coffee because it is good for business. Talk about a newsflash.

We jest at this recent epiphany about the association between hot coffee and higher profits, but the argument is clearly nothing new. The argument was pivotal in the Liebeck  trial and the jury based its $2.7 million punitive damages award on McDonald’s two day revenue from hot coffee sales. In any event, this “corporate greed” theory ignores the simple point made here at Abnormal Use many times – coffee is served hot because people like it that way. In discussing a hot coffee suit filed against Chick-Fil-A back in 2011, we had this to say about the hot coffee-sales comparison:

Back in 1994, Plaintiff’s expert Dr. Charles Baxter opined during the Liebeck trial that the optimal temperature to serve coffee was between 155 and 160 degrees. Defense expert Dr. Turner Osler indicated that coffee served at a temperature as low as 130 degrees could result in burns similar to those sustained by Ms. Liebeck. Further, Reed Morgan, Ms. Liebeck’s counsel, theorized that any coffee served over 140 degrees was “unreasonably dangerous.” If this testimony from the Liebeck trial is true, why do top fast food chains continue to serve an allegedly “dangerous product?” Either restaurants have a diabolical agenda to harm their patrons or they have recognized that people enjoy their coffee piping hot.

The ABC affiliate’s study demonstrates that the Liebeck case did little, if anything, to alter the manner in which fast food restaurants serve coffee. Further, it reveals that the conduct of McDonald’s in the early 1990s conformed to industry standards – both then and now. Critics of the restaurant chain – and those who attempt to use the Liebeck case to advance the agenda of the Plaintiffs’ bar – simply fail to acknowledge the fact that coffee, by its very nature, is meant to be served hot. No one wants to consume a lukewarm cup of sub-140 degree coffee. Restaurants recognize this fact, as do consumers of coffee. Why can’t the trial bar? If Mr. Morgan honestly believes that any coffee served at a temperature greater than 140 degrees is “unreasonably dangerous,” then he essentially argues that coffee should be taken off of restaurant menus. Starbucks did not become a morning staple because of its iced coffee selections.

Does McDonald’s serve hot coffee because it is concerned about its bottom line?  Sure, it does, but what business doesn’t act in ways to maximize profits?  McDonald’s, Starbucks, or any other coffee-selling establishment serves coffee hot because the consumer demands it.  And, for this reason, we have questioned whether coffee can be construed as “unreasonably dangerous” in most situations.

On an interesting note, ABC-30 measured the serving temperature at the McDonald’s at issue in the recent lawsuits and found the temperature to be 153 degrees – less than the optimal serving temperature prescribed by the plaintiff’s expert in the Liebeck case. The coffee in ABC-30‘s break room? It was served at 167.5 degrees.

Media Still Trying to Cash-In On Hot Coffee Buzz

We here at Abnormal Use have remained quiet on the hot coffee lawsuit front in recent months. While news reports of such suits often arise, we think we know when to stop beating a dead horse. After all, we have written on the subject of hot coffee lawsuits some 48 times, and there are only so many ways we can say that there is nothing unreasonably dangerous about a product meant to be served hot. Certainly, such dedication to the legal topic was foreseeable when Stella Liebeck ordered that 49 cent cup of coffee from a New Mexico McDonald’s 23 years ago.

That said, every now and again we must come out of hibernation.  And, for good reason. Just because a cup of coffee is a component in an accident case, it does not mean that the case is a “hot coffee case” or bears any resemblance to the infamous Liebeck verdict.  It is time the media gets the message.

Last week, myCentralJersey.com ran the following headline: “Dunkin’ Donuts will pay $522k to Somerset woman who tripped, spilled coffee on herself.”  Undoubtedly, the headline was designed to attract readers by drawing upon their passions for the Liebeck case.  Woman spills coffee on herself and gets a big settlement.  Sounds familiar, right?  We understand why a reader might click on that link.

The problem is that the case has little, if any, resemblance to the Liebeck case.  Upon a review of the article, the reader will see that the case sounds in premises liability – not an allegedly defective product. Back in 2012, the woman purchased multiple cups of coffee at a Dunkin’ Donuts. When walking back to her car, she tripped over an exposed spike from a dislodged curb stop. In the fall, she spilled the coffee on her face and neck. She also sustained lacerations on her hand and knee. While she was burned by hot coffee, there is nothing in the report about whether the coffee was abnormally hot or otherwise defective in any respect. In fact, the only quote found in the report comes from the plaintiff’s lawyer, and it, too, makes no reference to the coffee. Specifically, attorney Ed Rebenack said, “Basic property maintenance would have saved Ms. Marsala from years of debilitating injuries.” Clearly, it is a premises – not product – liability matter.

We understand the concept of clickbait. We also understand the need to draw readers to your site. But, for us legal geeks, the headline is painfully misleading to say the least. Yes, the plaintiff obtained a settlement based, in part, due to coffee burns. The case, however, is not a “hot coffee” case at all. Certainly, hot coffee purportedly contributed to the injuries, but Dunkin’ Donuts’ alleged liability rests with the conditions of its premises. The case would have been the same even if hot coffee was replaced with any other object picked up from inside the store capable of causing injuries. For example, if the plaintiff picked up a plastic knife in the store, tripped in the parking lot, and was stabbed by the knife, then the end result could have been the same. (We recognize this is a stretch, but, hey, it’s a hypothetical) Would the headline have read, “Dunkin’ Donuts will pay $522k to Somerset woman who tripped, stabbed herself with plastic knife”?

Absolutely not. Well, maybe, and if it had, we would have certainly written about those facts, as well.

There are some who will use this case as an example of the alleged dangers of hot coffee. Sure, hot coffee can cause burns.  That has never been in dispute. It is the liability for hot coffee that generates all the buzz. As ridiculous as we find those lawsuits, this case is not one of those. This is just a premises case that just so happens to involve a cup of coffee.  A report whose headline should have read,”Dunkin’ Donuts will pay $522k to Somerset woman who tripped on a dangerous condition in the parking lot, sustained injuries that just so happen to involve a cup of coffee.” That’s more like it.

CPSC Recall’s Keurig Coffee Makers: Not Another Stella Liebeck Case

If you follow the storied history of hot coffee in product liability litigation, the Consumer Product Safety Commission’s decision to recall certain Keurig home coffee makers last week probably grabbed your attention.  Certain reports have already surfaced (like this one from Forbes) attempting to compare this CPSC move to the infamous Stella Liebeck case and to use the recall as another example of hot coffee being an unreasonably dangerous product.  Before making such comparisons, we need to take a better look at the substance of the CPSC’s decision.

According to the CPSC report, the Keurig MINI Plus Brewing System, model number K10, is being recalled after 90 burn-related injuries were reported.  Here is the kicker:  the burn injuries were not the result of people drinking or spilling hot coffee as was the case with Stella Liebeck but rather the result of hot liquid spewing out of the coffee maker during the brewing process.  Nothing about this recall speaks to the Keurig’s brewing or serving temperature being too hot.  Nor does this recall dispel the notion that people like their coffee to be served hot.  Rather, the recall speaks for exactly what it says – people don’t like to get sprayed with hot water while their coffee is brewing.

We here at Abnormal Use understand the call to compare every bit of hot coffee-related news to the Liebeck case.  In fact, we are guilty of doing it often ourselves.  This CPSC recall and the corresponding reports is just another example of how a single cup of coffee served 20 years ago in a New Mexico McDonald’s has fundamentally altered how the general public perceives the beverage and our legal system. So, again, we appreciate the notion.  Nonetheless, before we make these comparisons, let’s at least make sure we are comparing apples to apples.

The McDonald’s Hot Coffee Case, The JFK Assassination, And Expert Witness Dr. Charles R. Baxter

As you know, we here at Abnormal Use often, perhaps incessantly, have written about the Stella Liebeck McDonald’s hot coffee case. Today, we revisit that case not to discuss its merits or legacy, but to remark upon one of history’s interesting twists. No matter your position on the issues presented by the Liebeck case, this is an intriguing historical tidbit.

At its essence, the Liebeck case was a products liability case in which the Plaintiff alleged that the hot coffee at issue was, by its very nature, “excessively hot” and “manufactured defectively due to excessive heat.” In her suit, the Plaintiff alleged that she sustained “severe and painful burns” which resulted in “skin grafting, debridement, and general recovery from painful scaring, as well as pain and discomfort associated with drawn and tight skin in the scarred areas, which pain and discomfort persists at the present and will persist into the future.” Obviously, as a result of alleging such claims and injuries, the Plaintiff needed some expert medical testimony to establish her claims.

The Plaintiff designated Dr. Charles Baxter, a medical doctor as her “burn specialist.” At the trial, Dr. Baxter opined that coffee served at 180 degrees was simply too hot and the ideal range for a coffee’s temperature to be served was between 150 and 160 degrees.

Dr. Baxter has an interesting resume.

Check out this excerpt from a March 13, 2005 Associated Press obituary which appeared in The Washington Post following Dr. Baxter’s death that year;

Charles L. Baxter, 75, one of the doctors who tried to save President John F. Kennedy after he was shot in Dallas on November 22, 1963 died March 10 at the University of Texas Southwestern Medical Center in Dallas where he had been a professor emeritus of surgery since 1993.

That same day, Dr. Baxter operated on Texas Governor John Connolly.

With respect to his experience on burns, Dr. Baxter’s experience was summarized by the AP as follows:

Dr. Baxter developed a formula for burn patients, referred to as the Baxter Burn Formula or the Parkland Burn Formula. He discovered that patients with large, severe burns need tremendous amounts of fluid the first day of treatment, especially during the first eight hours.

Dr. Baxter also founded a tissue bank at Parkland Hospital to provide skin grafts for burn patients.

According to the Texas Medical Board, Dr. Baxter received his medical license on August 14, 1954. This means that at the time of the Liebeck trial, which took place on August 8-12 and 15-17, 1994, he had been a licensed medical doctor for 40 years to the day. Oh, and here is a link to Dr. Baxter’s testimony before the Warren Commission.

It Has Come To This: McDonald’s Customer Allegedly Fabricates Hot Coffee Injury

As you of course already know, we here at Abnormal Use have devoted much time to the discussion of hot coffee lawsuits.  As we have often suggested, supporters of cases like the infamous Stella Liebeck v. McDonald’s case focus too much on the damages and not enough on the liability issues, such as whether coffee is an “unreasonably dangerous” product.  After all, in a tort action, a plaintiff doesn’t get to damages without first proving liability.

Now, a new report has us questioning our position.

According to a news report from CBS-Los Angeles,  a California woman is facing two dozen counts of felony insurance and workers compensation fraud for allegedly submitting false damages materials pertaining to a hot coffee claim.  The criminal complaint filed in the San Bernardino County Superior Court states that the woman claimed that hot coffee was spilled on her hand when she was handed a cup with an unsecured lid at a McDonalds drive-thru.  Thereafter, she submitted photos of second-degree burns she allegedly lifted from the Internet.  Couple that with medical records she allegedly doctored, and you have serious fraud, if true.  And, to think, after all this time, after writing about all of these cases, we just assumed the burns were legit.

In all seriousness, we know that hot coffee can cause burns, and this incident is an outlier.  That said, we have to wonder how much influence the Liebeck verdict and its legacy had on this woman’s plan.  Or, maybe she consulted with Jackie Chiles.  Either way, we have to give her some credit.  At least she knew to attribute some independent act of negligence to McDonalds (i.e. spilling the coffee) rather than complain about the temperature of the coffee itself.

Denny’s Settles Hot Coffee Case Following Child’s Injury

According to a report from The Buffalo News, G.B. Restaurants, the parent company of Denny’s, recently paid $500,000 to settle yet another hot coffee-related lawsuit.  While this settlement is not so far removed from the 20th anniversary of the infamous Stella Liebeck-McDonald’s hot coffee case, the underlying theory of liability couldn’t be more different.  In this case, Jose Adams and Sally Irizarry of Puerto Rico sued the restaurant chain after their 14-month old daughter was burned by hot coffee in a Buffalo, New York Denny’s.  The daughter sustained those burns after she grabbed a cup of coffee off of the table and spilled it on herself.  The crux of the lawsuit is whether the waitress was negligent in placing the coffee within arm’s reach of the child – not that the coffee was unreasonably dangerous as alleged in the Liebeck suit.

With every new hot coffee case that hits the news, the media can’t help itself but to make comparisons to the now 20-year old Liebeck case. (We tend to do a bit of the same ourselves, but that’s why you love this blog, right?) In fact, The Buffalo News began and ended its report with references to the Liebeck case even though the only link those cases share is the presence of hot coffee.  Without the Liebeck case coming before it, we doubt this case would have garnered its own headline (or be the source of blog fodder).

Liebeck comparisons aside, this case has its own liability issues.  We do not know much about the facts of the case, but we have to wonder how long the cup sat on the table prior to the child pulling it off.  As former patrons of Denny’s, we know that table space can be limited depending on the size of the food orders.  Also, as parents, we certainly can empathize with the perils of having young children in restaurants.  However, we are also cognizant of a child’s reaching hands and plan accordingly.  Should a waitress be responsible for placing the coffee too near the child?  Maybe, but these other factors should also be considered when analyzing how the coffee got onto the child in the first place. We’ll keep you posted on this case if circumstances warrant.

Abnormal Use Authors To Speak At McDonald’s Hot Coffee CLE in Charlotte on November 19

As you know, we here at Abnormal Use have written a good bit about the infamous Stella Liebeck McDonald’s hot coffee case. Well, if you’re in Charlotte, North Carolina in November, you can see Abnormal Use writers Jim Dedman and Nick Farr speak in person about the case at an upcoming CLE sponsored by the Mecklenburg County Bar Association.

Come join us if you’re nearby! Here’s the info (straight from the MCBA website):

20 Years Later: The Truth Behind the McDonald”s Hot Coffee Trial

Wed., Nov. 19, from 3:30 p.m. – 5 p.m.

Olde Mecklenburg Brewery

CLE Credit:
1.5 General Hours

Fees:
$110 Attorney CLE/Reception Rate
$55 Paralegal Rate/Reception

Location:
Olde Mecklenburg Brewery
4150 Yancey Rd.
Charlotte, NC 28217

Special Info:
3 p.m. – 3:30 p.m. Registration
3:30 p.m. – 5 p.m. CLE Training
Networking Reception to Follow CLE

Program Planners:
James M. Dedman, IV, Partner, Gallivan, White & Boyd, P.A.

Program & Speakers:
3:30 p.m. – 4 p.m.
James M. Dedman, IV, Partner, Gallivan, White & Boyd, P.A.
Recap of the basic facts of the case and the effort to dispel some of the broader myths that have arisen over the years regarding the “hot coffee” litigation.

4 p.m. – 4:30 p.m.
Nicholas A. Farr, Gallivan, White & Boyd, P.A.
Liability and Damage Issues – Defense Lawyer’s Perspective

4:30 p.m. – 5 p.m.
Andrew Fitzgerald, Wall Esleeck Babcock LLP
Liability and Damage Issues – Plaintiff Lawyer’s Perspective

To register, and earn CLE credit, click here.

Friday Links

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As we complete this week’s coverage of the twentieth anniversary of the Stella Liebeck McDonald’s hot coffee trial, we thought it might be fun to revisit some of our past hot coffee and food related posts. But first: Above, you’ll find the cover of McDonaldland Comics #102 which we felt we had to share in light of this week’s theme. We’re not entirely certain what Ronald McDonald is doing on the cover, but surely, he is being contributorily negligent. And with that, we return to the Liebeck case one last time this week to direct you to some links to our favorite blog posts on that and other hot food and beverage cases.

So, without further ado, here they are below (including the posts that ran this week on the subject):

The McDonald’s Hot Coffee Case: Revisiting The Eyewitness Trial Testimony” (Jim Dedman, August 13, 2014).

20 Years of McDonald’s Hot Coffee Case Rhetoric” (Nick Farr, August 12, 2014).

20 Years Ago This Week: The Stella Liebeck McDonald’s Hot Coffee Trial” (Jim Dedman, August 11, 2014).

The Stella Liebeck McDonald’s Hot Coffee Case FAQ” (Jim Dedman, January 25, 2011).

Spill the Beans: The Truth Behind Susan Saladoff’s “Hot Coffee” Documentary” (Nick Farr, January 24, 2011).

Abnormal Use Cited in Today’s New York Times on ‘Hot Coffee’ Documentary” (Jim Dedman, June 26, 2011).

Film Review: Susan Saladoff’s “Hot Coffee” Documentary” (Nick Farr, June 27, 2011).

Statutory Construction: What is a “Documentary” Film?” (Jim Dedman, October 13, 2011).

Thoughts on “Hot Coffee” Director Susan Saladoff’s Appearance on “The Colbert Report”” (Nick Farr, October 26, 2011).

The McDonald’s Hot Coffee Case: Distinguishing Between Facts and Theory” (Nick Farr, March 19, 2013).

Photograph of the Day: The Canadian Hot Coffee Warning?” (Nick Farr, April 24, 2013).

The New York Times Reflects On Post-Liebeck Life” (Nick Farr, November 7, 2013).

Hot Queso Jurisprudence in Pennsylvania” (Jim Dedman, December 12, 2013).

Liebeck v. McDonalds Restaurants: The Original Coffee Product Liability Case” (Jim Dedman, April 24, 2014).

The McDonald’s Hot Coffee Case: Revisiting The Eyewitness Trial Testimony

One chilly morning in February of 1992, a routine purchase of a cup of coffee in Albuquerque, New Mexico forever transformed the tort reform debate. As a result of the spill of that cup of coffee, 79 year old Stella Liebeck would become the world’s most famous civil litigant. Twenty years ago this week, in August of 1994, Liebeck took her case to a Bernalillo County jury, which awarded her $200,000 in actual damages (reduced by 20 percent due to a comparative fault finding) and $2.7 million in punitive damages. The court later ordered that a new trial would be held due to the “excessive” amount of punitive damages unless the Plaintiff accepted a remittitur of the punitive damages award to $480,000. A few months later, the case settled for a confidential amount, forever establishing it as a fixture of litigation lore and urban legend.

The two week trial would become the most discussed civil case of its time and fodder for late night comedians. Despite the passage of two decades, the underlying facts of the case continue to be debated and myths abound, in part, because there is no widely accessible official account of the case. Because the case settled a few months after its notorious verdict, no appellate court issued an opinion setting forth its key facts and legal issues. Even today, civil litigation is not often covered in detail in the media, and in 1994, the nascent Internet had yet to provide access to online dockets, pleadings, and the like.  So it was that a 1994 Wall Street Journal article and the late night talk shows shaped the opinions of the case for years to come.

In his opening statement, Liebeck’s attorney explained to the jury that Liebeck “received this eight ounce cup of coffee handed to her by her grandson, and placed it in between her knees to hold it because she had difficulty in removing the plastic lid.” Of course, the trial involved a host of expert opinions, warning issues, and damages testimony. But, at its essence, the case involved the actions of Liebeck. All these years later, the trial testimony of Liebeck and her 30 year old grandson, Chris Tiano, are helpful in dispelling the myths that have arisen over the years.

First and foremost, despite what you may have read, Liebeck was not driving the vehicle. In fact, Tiano was driving the 1989 Ford Probe as they ordered breakfast that morning. Liebeck was in the front passenger seat. The two had just driven Liebeck’s brother from Santa Fe to Albuquerque to drop him off at the airport. After that errand, they visited the drive-through of the McDonald’s on Gibson Boulevard. At trial, Tiano estimated that they at the restaurant sometime before 8:30 a.m. that fateful Thursday morning. On August 9, 1994, Tiano, the first trial witness, recalled that they “ordered a couple of value meals,” with him ordering a Sausage McMuffin and orange juice and his grandmother choosing an Egg McMuffin and a coffee. Liebeck testified that Tiano requested the cream and sugar for her coffee. He drove to the window and the McDonald’s employee “handed the drinks out first” and he “handed it over” to Liebeck. The next day of trial, August 10, Liebeck testified that she did not believe that Tiano requested a cardboard tray for the beverages.

The vehicle was not in motion when Liebeck spilled coffee on herself. After taking the drinks and bag of food, Tiano drove from the drive-through to a parking space in the McDonald’s lot. Liebeck testified that Tiano parked “so [she] could put cream in [her] coffee.” On cross examination, Liebeck agreed that the cup’s lid was on “pretty snug” and that the cup did not leak at the time it was handed to her.  She did not notice the pull away tab on the lid (which existed, the defense contended, to permit the addition of cream and sugar to the coffee). Tiano testified that Liebeck “started to fix her coffee” as he was “trying to get [his] meal organized” because he “had to run some errands that morning.” Specifically, Tiano planned to visit the Albuquerque Country Club so that he, an assistant golf professional, could pick up a check for his golf pro father.

Liebeck positioned the cup of coffee between her legs in an attempt to open the lid to add cream and sugar.  Liebeck testified that she initially looked for somewhere else to put the cup of coffee before deciding to hold it between her knees. On that point, she testified that she “took the cup and [she] tried to get the top off” but she “couldn’t hold it, so [she] put it between [her] knees and tried to get the top off that way.” In so doing, she “accidentally” spilled the coffee into her lap when the lid “slid” and “tipped off.”  When asked on cross if she still felt it was wise to hold a cup of hot coffee between one’s knees, she replied that doing so was “just a normal thing to do” as she “wouldn’t expect [the lid] to slide over.” Immediately after the spill, Liebeck felt “excruciating, searing pain.”  Tiano testified that he “looked over” after Liebeck “started screaming” and saw “the cup was inward.” Liebeck testified: “I went into shock. I became all clammy, cold, and was fainting and throwing up or I thought I was throwing up.” The photographs of Liebeck’s injuries – made public in the recent HBO documentary “Hot Coffee” – illustrate the severity of the injuries sustained by Liebeck as a result of the spill.

After the spill, Liebeck and Tiano did not return to the McDonald’s for assistance. Neither Tiano nor Liebeck testified that they returned to the McDonald’s to seek help after the spill. Tiano exited his side of the vehicle and ran to the other side to investigate the reason for his grandmother’s pain and discomfort.  He testified that he shouted to his grandmother that “it’s just coffee. It’s just a hot water burn, nothing serious.”  He further testified that he “let her walk around in the chilly air” and  “she cooled off and got back into the car.” He “thought everything was fine” and the two then “drove down the road” to address his aforementioned errands. At least during their trial testimony, neither of the two witnesses mentioned seeking help from the employees of the McDonald’s franchise.

After leaving the McDonald’s parking lot, Tiano and Liebeck did not immediately seek medical care. Tiano proceeded to the Albuquerque Country Club as planned, and as he testified at trial, Liebeck began to feel nauseous, but he was “still not thinking it’s very serious.” Tiano stopped the vehicle on the side of the road because Liebeck felt she might vomit. As they were stopped, an observant resident emerged from her home to see if they wanted her to call 911. They declined and proceeded again to the country club. Once there, Tiano testified that he left Liebeck in the car as he went to retrieve the check. It was only when he returned to the vehicle that Liebeck requested that they find a local fire station to seek first aid. Ultimately, they drove to Northside Presbyterian Hospital, where she was seen immediately for medical treatment.

20 Years of McDonald’s Hot Coffee Case Rhetoric

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Since the birth of Abnormal Use way back in 2010, we have written much about Stella Liebeck and the infamous McDonald’s hot coffee case. There was no conscious plan to focus on this matter, but sometimes, things simply fall into place. When we published our initial post on Susan Saladoff’s “Hot Coffee documentary back on January 24, 2011, and our accompanying Stella Liebeck FAQ file the following day, we did not predict we would revisit the case as often as we ultimately have. However, within just a few months, those posts generated a friendly retort from a popular social justice blog, a shoutout on National Public Radio, and a mention in, of all things, The New York Times. Abnormal Use would never be the same, and as the years have passed, we have attempted to learn as much as we can about the underling facts and procedural history of the case. This week, in recognition of the twentieth anniversary of the hot coffee trial, we here at Abnormal Use are offering you some additional thoughts on the case and its legacy.

What is it about a 20 year old New Mexico jury trial that continues to create so much furor today? Sure, the case has crept into our vernacular through its references in pop culture, but why? It is ludicrous when one thinks about the hundreds, if not thousands, of personal injury cases that are filed each and every day, many of which involve allegedly defective products, yet the one that garners the most attention is the one about a single cup of coffee. Certainly, the initial media coverage of a litigant receiving millions of dollars due to a hot coffee spill created much public buzz. The subsequent propaganda – from supporters and opponents of tort reform alike – infused the case with additional life as each side attempted to spin the case facts in its own favor. As Internet blogs continue to revisit the litigation, nearly every one has an opinion on the case.

One need only visit at the comments section of Abnormal Use as evidence of the passion surrounding the case. In fact, our hot coffee posts continue to garner comments – sometimes many years after the dates of those posts’ initial publication. While the readers of Abnormal Use may not be a perfect representative sample of the general populace, those comments are certainly evidence that the hot coffee case is far from ordinary.

The more surprising component of the case is its polarity. It seems that one cannot now engage in an objective discussion of the case without first declaring one’s self, “Team Liebeck” or “Team McDonald’s” (or, worse, “Team Tort Reform” or “Team Social Justice”). The caustic nature of the debate is worsened by a general lack of public knowledge of the true facts of the case. Additionally, many advocates stress only those “facts” they chooses to hear while ignoring others that don’t fit nicely into their theory of the case (suggesting that all of us will continue to relitigate the case well into the future).

The opinions on the case tend to fall into one of two categories. There are those who stress the liability issues and those who focus on the damages. The talking points for both camps have been rehashed and recycled many, many times (often without reference to the specific motions or testimony in the case). Yet, each camp has its flaws. Those who argue Liebeck’s contributory negligence run the risk of seeming unsympathetic to her rather severe injuries. Conversely, those who focus on those horrific injuries often overlook the fact that damages are only one element of a negligence claim – an element that is not addressed unless it is first shown that the defendant’s conduct was, in fact, negligent. Neither side is necessarily disingenuous; however, they don’t always see the whole picture of the case when focusing on singular components.

In looking back over the past 20 years, what is the real effect of the Liebeck verdict? Other than providing talking points for lawyers and staking a claim in pop culture, not much. People still drink coffee. They still like their coffee to be served piping hot. Restaurants still serve coffee at temperatures within the range served to Liebeck by McDonald’s in New Mexico that fateful day in February of 1992. At the end of the day, Liebeck v. McDonald’s has provided us with a discourse to advocate for certain platforms. This is not to say that the hot coffee case doesn’t remain important after 20 years. But in the end, these days, it’s mostly just rhetoric.