Man sues McDonald's for $10 million for putting cheese on his cheeseburger

Why is it frivolous? They fucked up, and nearly killed him. The amount might be ridiculously high, but that doesn't mean the case itself is frivolous.

If what the article says is true, and he stated several times that there should be no cheese on the burger, the burger flippers should be sent to jail, the restaurant should be closed down, and the guy should get a big sum of money as compensation (although 10 million is over the top).

you see no problems besides a few obvious facts...

1) to begin with, you have no reasonable expectation of your order being fulfilled 100% correctly in spite of any instructions or any amount of repeating of the instructions.

you can't go to court and argue "why would i possibly believe that the 17yr old, 409 pound, socially retarded baboon make a mistake on my order"

2) NO EMPLOYEE intended to risk his life or were even aware such risks existed and its unreasonable to argue the put him at risk

3) the "victim" has to argue that knowing that his life was in danger, and that the risk was great enough that he felt the need to take "extraordinary steps" to make sure he didn't get cheese which he knew could kill him... that he had a really great reason for not simply glancing at the burger to make sure there was no cheese on it.

4) if he KNEW he had to repeat a request 5 times, it means he had reason to expect that it would not be granted or that a mistake would be made... therefore, he can't absolve himself from any responsibity, particularly when there is no burder in simply glancing to see if cheese is on it... or when almost always the cheese is sticking out of the sides.

Don't forget about the other two, who are also suing, because they risked their lives getting him to the hospital, or whatever.

You do have a reasonable expectation of people fulfilling orders, actually. Especially when you repeat the instructions several times, and the instructions aren't especially complicated.

If a package of food says "contains no peanuts", and you give it to your child who has a peanut allergy, after which the child dies, the manufacturer is to blame. This is exactly the same thing.

If the employee does not follow instructions, the employee is negligent.

If employees at a restaurant are not aware that food allergies exist, the owner fucked up, and is fully responsible.

Glancing at the burger would have been smarter, yes. However, when you state something quite simple several times, it is not unreasonable to trust that the message has gotten across.

Companies are responsible for the products they deliver, it's a rather simple concept. And note, this was not just a simple slip-up, but an indication of negligence. Three people all failed to comprehend the simplest of messages: no #$%ing cheese!

Who says he knew he HAD to repeat it 5 times? Maybe the 4 times after the first were merely him being careful.

It is not unreasonable to expect that a company delivers the product you order. Hiring incompetent employees is not an excuse for negligence. Being known for low quality products is not an excuse for negligence.

I kinda hope this guy wins his lawsuit, because that would make it very clear to McDonalds that quality control is important.

This thread makes me want to get mcdonald's

Mc Donalds has plenty of money. They can pay him. As they did with the hot coffee thing.

I think we've all had enough of silly MdDonald's lawsuits.

Except I still want to sue them because Ronald's face offends me (and his clothes, and shoes)...

He did everything but look before he ate it

You're a dumbfuck. Did you read the story? He ate the burger in a "darkened room"? His mom risked her life driving him to the hospital? He nearly died, but the medical bill was $700? What does an ER do for $700? They would have charged him more for a band aid.

It's a scam. That negro put that cheese on there so he could cash in and that's all there is to it. I hope McDs secured part of that killer burger, analyzes it, and turns around and nails his ass.

I am willing to bet 85% of the people who keep bringing up the coffee suit have no idea what really happened.

McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.

McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)

McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.

McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

No Way! I could be so fucking rich right now. I'm allergic to onions and they always put it in my shit no matter how many times I tell them. I guess I'm just not that frivolous, I mean seriously. I always check my shit before I eat it. It's my responsibility to make sure I don't choke to death not some person that works for minimum wage.

umm mcdonald's burgers arent big the cheese sticks over. come onnn

I have a problem myself with mustard. The end result is usually me "projectile vomiting" if I have any. I always order everything without mustard, and I always check it before I eat it.

If this guy had such a big problem with cheese, he... should have checked his burger first?

I hope they turn around and sue him for their expenses when he looses.

Only in America...

What I wanna know is...since when is there any cheese at all in that yellow shit they serve on a McD's burger?

It's American cheese, right? What is that stuff, oil, whey and yellow dye no. 5?

This is a perfect example of one of the things I think would make America a much better place.

There needs to be a new set of judges appointed - they would be called the GTFOOH judges, they would be the first stop for civil lawsuits - and would have one special power.

That power is simple. After hearing the preliminary arguments on a case like this one, they would have the ability to simply say to the plantiff:
"GTFOOH."

It's pronouned "Gut-foo."

And it stands for "Get the fuck out of here."

End of lawsuit.

You don't think that would help clean up the American court system?

---> ROFL! <---

hehe, just go and ask for some money :P

He needs Jackie Childs

The problem is precedents. Judges in the past gave big money to plaintiffs and judges are adverse to overturning past decisions.

Man, my dad could be rolling in it. He is allergic to eggs and every time we have ever gone to McDonalds for breakfast since I was a kid he orders one of the muffin sandwiches and goes to pains each time to say no egg. Just about every time they leave the egg on. He could be rich.

They have more chance of suing McDonald's for allegedly serving food.

everyone knows they fuck you at the drive thru, it's a frivolous law suit but i hope he wins just to stick it to them. maybe then drive thru would pay more attention. dunkin' donuts fucked up my drive thru order yesterday and you don't know until you're probably home. and they count on you not coming back

I can see where this guy can say that he took the steps by telling them numerous amounts of times about the cheese. ALTHOUGH how many people go into Mcdonalds and get exactly what they wanted, even if the burger WAS made right, you know the employees could have given it to someone else, there fore knowing those stupid mistakes they make anyway he should have checked the burger when he got it regardless.

Exactly. If it was such a 'high risk' to him, surely you would spend 1 second to double check it for yourself...