Top Ten Frivolous Lawsuits

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We've all heard the one about the woman who spilled scalding coffee and successfully sued McDonald's. But we've also heard reports of burglars suing homeowners after injuring themselves during a robbery. And don't forget the stories of Winnebago owners winning lawsuits after they left the driver's seat because the vehicle's cruise control was activated. Most of us laugh off these stories as urban legends made to show the absurdity of frivolous lawsuits. You might be surprised, however, by how many of these are true.

In February 1992, Stella Liebeck ordered a cup of coffee to go from McDonalds. Liebeck was sitting in the passenger seat of her nephew's car, which was pulled over so she could add sugar to her coffee. While removing the cup's lid, Liebeck spilled her hot coffee, burning her legs. It was determined that Liebeck suffered third degree burns on over six percent of her body. Originally, Liebeck sought $20,000 in damages. McDonalds refused to settle out of court. However, they should have. Liebeck was ultimately awarded $200,000 in compensatory damages, which was reduced to $160,000 because she was found to be twenty percent at fault. She was also awarded $2.7 million in punitive damages.

In September 1988, two Akron, Ohio-based carpet layers named Gordon Falker and Gregory Roach were severely burned when a three and a half gallon container of carpet adhesive ignited when the hot water heater it was sitting next to kicked on. Both men felt the warning label on the back of the can was insufficient. Words like "flammable" and "keep away from heat" didn't prepare them for the explosion. They filed suit against the adhesive manufacturers, Para-Chem. A jury obviously agreed since the men were awarded $8 million for their troubles.

In 1992, 23-year old Karen Norman accidentally backed her car into GalvestonBay after a night of drinking. Norman couldn't operate her seat belt and drowned. Her passenger managed to disengage herself and make it to shore. Norman's parents sued Honda for making a seat belt their drunken daughter (her blood alcohol level was .17 - nearly twice the legal limit) couldn't open underwater. A jury found Honda seventy-five percent responsible for Karen's death and awarded the Norman family $65 million. An appeals court threw out the case.

In May 2003, Stephen Joseph of San Francisco sued Kraft foods for putting trans-fat in their Oreo cookies. Joseph wanted an injunction to order Kraft to stop selling Oreos to children. Once the media caught wind of Joseph's lawsuit, the media blitz became too much for him to handle. He decided to drop the suit.

In 1997, Larry Harris of Illinois broke into a bar owned by Jessie Ingram. Ingram, the victim of several break-ins, had recently set a trap around his windows to deter potential burglars. Harris, 37, who was under the influence of both alcohol and drugs, must have missed the warning sign prominently displayed in the window. He set off the trap as he entered the window, electrocuting himself. The police refused to file murder charges. Harris's family saw it differently, however, and filed a civil suit against Ingram. A jury originally awarded the Harris family $150,000. Later, the award was reduced to $75,000 when it was decided Harris should share at least half of the blame.

In 1991, Richard Harris sued Anheiser-Busch for $10,000 for false advertising. Harris (no relation to the above-mentioned burglar) claimed to suffer from emotional distress in addition to mental and physical injury. Why? Because when he drank beer, he didn't have any luck with the ladies, as promised in the TV ads. Harris also didn't like that he got sick sometimes after he drank. The case was thrown out of court.

In 1998, Kellogg sued Exxon because customers might confuse the gas station's "whimsical tiger logo" with Kellogg's mascot, "Tony the Tiger." It didn't matter, of course, that Exxon had already been using this logo for 30 years. A federal court tossed the suit. Kellogg appealed the case claiming the Exxon tiger walks and acts just like Kellogg's "Tony."

In 2003, Richard Schick sued his former employer, the Illinois Department of Public Aid. Schick sought $5 million plus $166,700 in back pay for sexual and disability discrimination. In fact, Shick was so stressed by this discrimination that he robbed a convenience store with a shotgun. A jury felt his pain and awarded him the money he was seeking. The decision was then reversed. Unfortunately, the $303,830 he was still awarded isn't doing him much good during the ten years he's serving for armed robbery.

In 1995, Robert Lee Brock, a Virginia prison inmate, decided to take a new approach to the legal system. After filing a number of unsuccessful lawsuits against the prison system, Brock sued himself. He claimed his civil rights and religious beliefs were violated when he allowed himself to get drunk. After all, it was inebriation that created his cycle of committing crimes and being incarcerated. He demanded $5 million from himself. However, since he didn't earn an income behind bars, he felt the state should pay. Needless to say, the case was thrown out.

In 1996, Florida physical therapist Paul Shimkonis sued his local nudie bar claiming whiplash from a lap dancer's large breasts. Shimkonis felt he suffered physical harm and mental anguish from the breasts, which he claimed felt like "cement blocks" hitting him. Shimkonis sought justice in the amount of $15,000, which was denied.

Reading about these cases often induces more chuckles than seriousness. Their mere existence proves that Ripley's Believe It or Not applies to the legal world too. And the one about the Winnebago driver? That is just an urban legend.

Comments

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Justin Nguyen

Can I sue the lawyer and his firm for filing a frivolous lawsuit against my company?

How is the 1st example ( the spilling coffee) a Frivolous Lawsuit? Obviously, it is people like you who doesn't even bother reading the court case and you call yourself a lawyer. If you had read the court case, you would have known that McDonald purposely made their coffee 180 to 200 degrees when most other places have coffee much lower temp. This was done so people won't drink the coffee at the store (since they have to wait for it to cool) and then get free refills.

Also you never mentioned that the "woman" was a actually a 70 years old and simply wanted McDonald's to help pay her hospital bills, the ones that Medicare wouldn't cover. She had to get skin grafting and surgery. This isn't a rub some burn cream on the wound for a few days kind of deal.

Get your story straight

So by the age of 70 she would know that coffee is hot, so suing for your clumsiness is quite sad really. This country is an imbarassment because people feel that other people should always pay for their mishaps. There are plenty of people out there who have misfortune and don't sue someone just because they were affiliated. Yes it was unfortunate but no one should pay because YOU took the lid off and spilled it on YOURSELF. Plain and simple

I think you mean embarrassment* ;). But I completely agree. When I was nine I fell off of a playground and thereby severely injured my back. I gained weight exponentially over the next year or two from the lack of physical activity the injury inflicted. I have dealt with the emotional trauma that comes from being overweight in today's society (which can be quite overwhelming and severe). But did I sue the kid that pushed me off the playground? Did I sue the school for providing such a dangerous environment to play on? Did I sue anyone and everyone else that might have tortured me mentally and emotionally? No. Why should I? The world might say I have right especially it wasn't my fault that I fell. But what's the point? I healed. What didn't go away made me a stronger person because I wouldn't let it take me the other way. I've since worked hard to lose all the weight that I gained from the injury. It was a keystone to the development of my character. What would have happened if I'd sued and been spoiled with my winnings? I wouldn't be respected, I'd probably still be fat, and I wouldn't have any ethics of life. I'm incredibly thankful that I nearly broke my back when I was 9, it changed my life. So pardon me if I don't take pity because someone didn't take proper caution or didn't use common sense. Is it unfortunate? Yes. But was it really the other person's fault? I don't remember reading that a McDonald's employee opened the cup and dumped it on the lady's lap. I must have missed that part. But when you find it let me know and I might sympathize.
Happy Thanksgiving!

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Can I sue a hotel for discrimating against my son and me?

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The average temperature of a fresh cup of coffee is 160 degrees. Many people, including me, have spilled coffee on themselves and know that it hurts quite a bit. But to spill liquid on yourself that is in excess of 180 degrees can cause severe burns. I'm sure this 70 year old woman had spilled coffee on herself many times over the years. That would make it more likely that she WOULD NOT expect to suffer third degree burns requiring skin grafts. I would have found for the defendant as well. If you haven't suffered third degree burns before, then you don't understand what this women went through.

Apparantly other people seem to suggest that the proper temperature for coffee extraction occurs between 195-205 degrees and that coffee should be kept at 180-185 degrees for serving. Reference: After Your Coffee Has Been Brewed
Brewed coffee should be enjoyed immediately!
Pour it into a warmed mug or coffee cup so that it will maintain its temperature as long as possible. Brewed coffee begins to lose its optimal taste moments after brewing so only brew as much coffee as will be consumed immediately. If it will be a few minutes before it will be served, the temperature should be maintained at 180 - 185 degrees Fahrenheit. It should never be left on an electric burner for longer than 15 minutes because it will begin to develop a burned taste. If the coffee is not to be served immediately after brewing, it should be poured into a warmed, insulated thermos and used within the next 45 minutes.
http://www.ncausa.org/i4a/pages/index.cfm?pageid=71

Making a joke about the Stella Liebeck "hot cooffee case" is the worst humor, this porrly informed author ought to learn the true facts about the case and McDonald's conduct...and the final award This is an example of mis-information being used to form opinions - an epidemic in America.



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