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McDonald's lawsuit, hot chocolate style...

tobywan

TRIBE Member
taken from canoe.ca

Woman sues over scalded breasts

McDonald's faces lawsuit over hot chocolate

HALIFAX -- A Nova Scotia woman who claims she scalded her breasts while drinking hot chocolate at a McDonald's restaurant in London, Ontario is suing for $50,000.

In a negligence lawsuit filed against the restaurant in Nova Scotia Supreme Court, Mary H. Corbin of Admiral Rock, N.S., claims last Oct. 12 she ordered a hot chocolate from a McDonald's in London. The cup apparently had a loose lid.

"When I raised the drink to my mouth, the lid flew off and the entire contents spewed out, whereby I was scalded by the hot chocolate from the centre of my breasts down to my navel," Corbin, who is representing herself, wrote in a statement of claim.

"I claim that the lady who had served me was negligent, for when she had placed the cap on my drink, she had neglected to make sure the cap was fitted properly, thus allowing the contents to spill on me and scald my body."

Because of the scald, Corbin claims she was unable to wear a bra for five days and her jeans could not be pulled up to her waist for five days.

She says her husband bought some salve that she applied to her burns for five days, allowing her skin to heal without blistering or scarring.

Under general damages, Corbin is seeking $20,000 for pain and suffering, $5,000 for embarrassment, humiliation and emotional distress, $85 for damaged clothing and $9.50 for the salve and hot chocolate.

As well, she is seeking $25,000 in punitive damages.

She has offered to negotiate a settlement within the next 10 days.

"I will not expect anything short of $20,000," she wrote.

McDonald's has 20 days after it is served with the claim to respond.

A spokesperson for McDonald's Restaurants of Canada could not be reached.
 

labRat

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by MC Bias:
Because of the scald, Corbin claims she was unable to wear a bra for five days and her jeans could not be pulled up to her waist for five days.</font>
... and the problem here is?

--craig
 
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Subsonic Chronic

TRIBE Member
Woohoo!!! Go London!!!

And somehow I'm reminded of a Seinfeld episode where Kramer burned himself but applied the cream and the evidence was gone. hahaha...

And how the hell are you drinking hot chocolat lady? If the lid isn't on tight, it shouldn't fly all over you unless you're practically throwing it at your mouth.

Pete
 

Soundstream

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by Subsonic Chronic:
And somehow I'm reminded of a Seinfeld episode where Kramer burned himself but applied the cream and the evidence was gone. hahaha...
</font>
"Who told you to put the balm on? I didn't tell you to put the balm on." - Jackie Chiles

Follow up trivia question: Who told Kramer to put the balm on?

Cheers ... Ian
 

KiFe

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by MC Bias:
She says her husband bought some salve that she applied to her burns for five days, allowing her skin to heal without blistering or scarring.
</font>

WHO TOLD YOU TO PUT THE BALM ON? I didnt tell you to put the balm on!


 

Soundstream

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by KiFe:
maestro!
You on icq?
</font>
The maestro is correct.

Yeah, I am on ICQ. I'll have to add you to my list at work though.

Cheers ... Ian
 
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Wunderbar

TRIBE Member
I would expect with proper legal reprsentation, she would be able to get her desired amount [$20 000-there is no chance in hell she would get punitive] . However, this is just another disgusting case where personal responsibility is shunned in favour of blaming someone else, especially when that someone else is a ubiquitous multinational corporation who has an incentive to avoid costly litigation because of reputation/publicity factors.
 

Ditto Much

TRIBE Member
Okay so in essence you should push down the lid on your own damn beverage to make sure its on right.


Sorry but idiots should not get money for being idiots.

"$5,000 for embarrassment, humiliation and emotional distress"

FUCK!!!! We can't help that your an idiot.
 

OTIS

TRIBE Member
you know,
I kinda sympathize with this woman..
I freak out sometimes when I grab a coffee or tea at the drive through at night and see that the lid is not on properly.. what if I was driving and hadn't noticed, spilled & it on myself and gotten into an accident?

Although I still see the lawsuit as frivilous, I'm glad it's getting some attention so that the employees will be a bit more sensitive to the problem.

-OTIS
 
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Ditto Much

TRIBE Member
PUSH DOWN ON THE LID WHEN YOU BUY A HOT BEVERAGE!!!!


if the lid is deffective okay thats shitty and I agree there might be an argument against the manufacturer. If the temperature of the product is exceptionally hot and the cup / lid isn't capable of holding it, then maybe its a ligit case. But coffee and beverages do occasionally spill. Its a $1.85 coffee and a $100 outfit, 50 grand is a lot of money for a coffe burn.
 

Soundstream

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by redeyes:
the answer to Kife's tivia question is Stan the Caddy
</font>
You mean my trivia question? I am pretty sure it is the Maestro, and not Stan the Caddy.

50 point follow up: What is the real name of the Maestro?

Cheers ... Ian
 

OTIS

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by Ditto Much:
PUSH DOWN ON THE LID WHEN YOU BUY A HOT BEVERAGE!!!!


if the lid is deffective okay thats shitty and I agree there might be an argument against the manufacturer. If the temperature of the product is exceptionally hot and the cup / lid isn't capable of holding it, then maybe its a ligit case. But coffee and beverages do occasionally spill. Its a $1.85 coffee and a $100 outfit, 50 grand is a lot of money for a coffe burn.
</font>
Dude, although I don't agree in the 50,000 suit, if this happened to me, I'd be fucking pissed.. I've seen a million times: employees of coffee shops just palm the lid, not caring if it's loose.. and it looks tight to you when you get it. But if you were to tip it.. the drink would spill all over. I make a habit of running my fingers around the brim because of their laziness.

Becasue of it, I've even thought of an invention of prepackaged coffee containers where you just add water and remove the singular coffee filter with the used coffee, this way nothing spills on you and it's a sealed lid with a drinking spout. Instantly fresh, and idiot proof.

If she didn't get medical tratment & records of her injury.. then I think she's fucked in the end.

-OTIS
 

depraved

TRIBE Member
If I had to work at a crappy fast food joint, I'd be tempted to entertain myself by not putting the lids on tightly & waiting for some idiot to entertain me. Of course I wouldn't give in to the temptation...that would just be wrong


- Greg
 

OTIS

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by depraved:
If I had to work at a crappy fast food joint, I'd be tempted to entertain myself by not putting the lids on tightly & waiting for some idiot to entertain me. Of course I wouldn't give in to the temptation...that would just be wrong


- Greg
</font>
Small things amuse small minds.
 
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janiecakes

TRIBE Member
otis, there is a rumour going around municipal employee circles that those coffe shop employees that display such disregard for human safety are moonlighting as city parking consultants!

it just makes the blood boil, don't it?
 

Wunderbar

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by OTIS:
,I make a habit of running my fingers around the brim because of their laziness.


-OTIS
</font>

This is a very reasonable thing for consumers of hot beverages from fast food restaurants to do. I do it all the time, just to be safe. Although we are all involved in a social contract and have certain legalresponsibilities towards each other, individuals are not helpless and can take reasonable measures to prevent damage caused by others.

Intersstingly, I think this case would envoke more sympathy if the victim was an elderly person who went through intense pain and suffering.
 

Wunderbar

TRIBE Member
<font face="Verdana, Arial" size="2">Originally posted by Klubmasta Will:

Some guy: "A lawyer who represents herself has a fool for a client."
</font>
My contracts prof gave us this line like an hour ago
 
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