Another Hot Coffee/Tea Incident

Whiskey_Clear

Banned
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10,486
Smh.....another frivolous lawsuit. Lawyers will be the only real winners....again.

Skin graft for a second degree burn....that seems unwarranted. Maybe her lawyers can convince her to seek malpractice lawsuit against doctor and hospital after her Starbucks case fails.

I admit I'll laugh my *** off if a liberal jury awards her a victory over evil corporate Starbucks. Oh the irony of that would be priceless.
 

OldJacketFan

Helluva Engineer
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Nashville, TN
Smh.....another frivolous lawsuit. Lawyers will be the only real winners....again.

Skin graft for a second degree burn....that seems unwarranted. Maybe her lawyers can convince her to seek malpractice lawsuit against doctor and hospital after her Starbucks case fails.

I admit I'll laugh my *** off if a liberal jury awards her a victory over evil corporate Starbucks. Oh the irony of that would be priceless.

So you read an article and immediately decided it's a frivolous lawsuit? As to the skin grafts unless an infection set up no grafts would be medically warranted and no reconstructive surgeon would preform such a procedure. Discovery will reveal the evidence, if Starbucks is liable they're liable, nothing magical the lawyers on either side can do will change the facts of the case. Comparative negligence on the part of the injured woman? More than likely based solely on the article. Moreso than Starbucks' negligence? Unknown until the facts are developed. Oh BTW juries are a mix of all types individuals in the community no more liberal than conservative, if a juror demonstrates perceptible bias one or the other he/she will be struck in voie dire. Also, Starbucks like any other corporation is either self insured, purchases a liability policy for a carrier or operate with a blend of both to address claims, frivolous or not.
 

Whiskey_Clear

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10,486
So you read an article and immediately decided it's a frivolous lawsuit? As to the skin grafts unless an infection set up no grafts would be medically warranted and no reconstructive surgeon would preform such a procedure. Discovery will reveal the evidence, if Starbucks is liable they're liable, nothing magical the lawyers on either side can do will change the facts of the case. Comparative negligence on the part of the injured woman? More than likely based solely on the article. Moreso than Starbucks' negligence? Unknown until the facts are developed. Oh BTW juries are a mix of all types individuals in the community no more liberal than conservative, if a juror demonstrates perceptible bias one or the other he/she will be struck in voie dire. Also, Starbucks like any other corporation is either self insured, purchases a liability policy for a carrier or operate with a blend of both to address claims, frivolous or not.

Lol are you a lawyer? If so I didn't mean to hurt your feelings.

Yes based upon the article one would have to sssume the lawsuit is frivolous. Unless the reporter is biased or lying. The reporter alleges to have viewed the actual video of this incident.

If a picture is worth a thousand words how many words is a video worth? The reporter relates what was seen in the video. The complainant was handed a cup, with a sleeve, and a top. The complainant had their dumb dog in their lap already when the cup was handed over. All of which contradicts the stupid claim of the complainant.

So yes, based on the article this is almost definitely a frivolous BS lawsuit. The kind which screws up our medical and legal systems.

What proof would you need to reach a similar conclusion? Do you need to see the video yourself first? Do you need to be present on scene to actually see the incident occur in real time? Or do you need to see the complete lawsuit from initial filings to a final jury verdict take place before forming your own conclusion?

Oh BTW....some communities are made of mixes of population that are a very high percentage conservative in philosophy while other communities are conversely much more liberal in philosophy. So it is very possible to have a jury pool with a higher percentage of one philosophy of thought over another. You aren't alleging otherwise are you?
 

OldJacketFan

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Location
Nashville, TN
Lol are you a lawyer? If so I didn't mean to hurt your feelings.

Yes based upon the article one would have to sssume the lawsuit is frivolous. Unless the reporter is biased or lying. The reporter alleges to have viewed the actual video of this incident.

If a picture is worth a thousand words how many words is a video worth? The reporter relates what was seen in the video. The complainant was handed a cup, with a sleeve, and a top. The complainant had their dumb dog in their lap already when the cup was handed over. All of which contradicts the stupid claim of the complainant.

So yes, based on the article this is almost definitely a frivolous BS lawsuit. The kind which screws up our medical and legal systems.

What proof would you need to reach a similar conclusion? Do you need to see the video yourself first? Do you need to be present on scene to actually see the incident occur in real time? Or do you need to see the complete lawsuit from initial filings to a final jury verdict take place before forming your own conclusion?

Oh BTW....some communities are made of mixes of population that are a very high percentage conservative in philosophy while other communities are conversely much more liberal in philosophy. So it is very possible to have a jury pool with a higher percentage of one philosophy of thought over another. You aren't alleging otherwise are you?

No not a lawyer nor do I play one on TV nor did I sleep at a Holiday Inn last night and, trust me, nothing that comes out of your month is capable of hurting my feelings. Simply someone who has spent his professional career (30 plus years) investigating and resolving claims including claims such as this, I think I'm have a wee bit more expertise in this area and am a bit more qualified to speak on tort claims. I've never made a snap judgement based on a claim report as to is a claim has validity. If you look at my first post on this thread I made the comment that it will be interesting to see what comes out through discovery. For someone who has railed on other threads about "fake news" you sure are drinking from that cup here that the news report is gospel.

As I noted the evidence will speak for itself and that how I evaluate claims. I would love to see the video, but it in itself may not be the end all, be all depending on a number of factors. If I were handling the case for Starbucks I would be privy to the results of the discovery and form my evaluation from there. It is very possible the case may have merit, at the stage neither you or I know if it does or doesn't. Oh and no, suits like this do not screw up either our medical of legal system in any shape, form or fashion or are you someone that believes in limiting the common man's access to the judicial system?

And yes, it is possible (never alleged it wasn't) to have a higher % of a given type of juror (male v female, white v black etc) but like I said if a juror demonstrates an overt prejudice counsel on both side will try to strike those jurors that may be predisposed either way. You may not like the jury system but if works a lot more often than it doesn't.
 

Whiskey_Clear

Banned
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10,486
No not a lawyer nor do I play one on TV nor did I sleep at a Holiday Inn last night and, trust me, nothing that comes out of your month is capable of hurting my feelings. Simply someone who has spent his professional career (30 plus years) investigating and resolving claims including claims such as this, I think I'm have a wee bit more expertise in this area and am a bit more qualified to speak on tort claims. I've never made a snap judgement based on a claim report as to is a claim has validity. If you look at my first post on this thread I made the comment that it will be interesting to see what comes out through discovery. For someone who has railed on other threads about "fake news" you sure are drinking from that cup here that the news report is gospel.

As I noted the evidence will speak for itself and that how I evaluate claims. I would love to see the video, but it in itself may not be the end all, be all depending on a number of factors. If I were handling the case for Starbucks I would be privy to the results of the discovery and form my evaluation from there. It is very possible the case may have merit, at the stage neither you or I know if it does or doesn't. Oh and no, suits like this do not screw up either our medical of legal system in any shape, form or fashion or are you someone that believes in limiting the common man's access to the judicial system?

And yes, it is possible (never alleged it wasn't) to have a higher % of a given type of juror (male v female, white v black etc) but like I said if a juror demonstrates an overt prejudice counsel on both side will try to strike those jurors that may be predisposed either way. You may not like the jury system but if works a lot more often than it doesn't.

Yes I think the mainstream media often spins stories to fit the author's political philosophy and thus shape public opinion. I think many agree this is the case and many liberals and conservatives agree. For reference see public criticism of both CNN and Fox News.

Do you think the journalist in this story is lying about the viewing of the video?

Your prior comment about juries seemed to indicate that you believed it was unlikely to have a jury pool that could lead to a left leaning jury. Even after voir dire and jury selection takes place...the jury will most likely still reflect the composition comprising the jury pool...thus a more left leaning or right leaning jury depending on geography and demographics. I'm glad you acknowledge this is a fact and separate from the striking of obviously biased jurors post voir dire.

And I respectfully but strongly disagree that frivolous malpractice lawsuits haven't screwed up our healthcare system. It has. I think it's pretty clear it has in the affect these lawsuits have on insurance and the manner they increase the cost of medical services.
 

Wrecking Ball

Ramblin' Wreck
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694
Yes I think the mainstream media often spins stories to fit the author's political philosophy and thus shape public opinion. I think many agree this is the case and many liberals and conservatives agree. For reference see public criticism of both CNN and Fox News.

Do you think the journalist in this story is lying about the viewing of the video?

Your prior comment about juries seemed to indicate that you believed it was unlikely to have a jury pool that could lead to a left leaning jury. Even after voir dire and jury selection takes place...the jury will most likely still reflect the composition comprising the jury pool...thus a more left leaning or right leaning jury depending on geography and demographics. I'm glad you acknowledge this is a fact and separate from the striking of obviously biased jurors post voir dire.

And I respectfully but strongly disagree that frivolous malpractice lawsuits haven't screwed up our healthcare system. It has. I think it's pretty clear it has in the affect these lawsuits have on insurance and the manner they increase the cost of medical services.

Are you aware of the facts of the original McDonald's case? As an attorney I can tell you there is way more to that case than a lot of people think. There also isn't some magical ideology-driven voir dire process.

Also, the truly frivolous lawsuits don't make it past the pleading stage. It turns out there are mechanisms whereby baseless suits can be tossed - failure to state a claim being the most common.
 

Wrecking Ball

Ramblin' Wreck
Messages
694
Yes I think the mainstream media often spins stories to fit the author's political philosophy and thus shape public opinion. I think many agree this is the case and many liberals and conservatives agree. For reference see public criticism of both CNN and Fox News.

Do you think the journalist in this story is lying about the viewing of the video?

Your prior comment about juries seemed to indicate that you believed it was unlikely to have a jury pool that could lead to a left leaning jury. Even after voir dire and jury selection takes place...the jury will most likely still reflect the composition comprising the jury pool...thus a more left leaning or right leaning jury depending on geography and demographics. I'm glad you acknowledge this is a fact and separate from the striking of obviously biased jurors post voir dire.

And I respectfully but strongly disagree that frivolous malpractice lawsuits haven't screwed up our healthcare system. It has. I think it's pretty clear it has in the affect these lawsuits have on insurance and the manner they increase the cost of medical services.

One time I was at a medical malpractice trial where a middle aged woman had a malpractice-caused staph infection on her rear end that ended up causing a large chunk of her posterior to have to be removed. This caused her considerable discomfort and disfigured her for life. The jury found that malpractice had occurred, but awarded her $0. The foreman, unprompted, offered their rationale: because she was middle-aged and somewhat overweight, what was the harm to have that kind of disfigurement "when no one wants to see her *** anyway?"

If this is the conservative jury you long for, I must ask: do you watch "It's a Wonderful Life" and pull for Clarence Potter?
 
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inGTwetrust

Ramblin' Wreck
Messages
718
Does everything have to turn into a political point-the-finger? This is the absolute dumbest trend I have seen in a long time.
 

Wrecking Ball

Ramblin' Wreck
Messages
694
Let's just say you aren't a lawyer or juror I would ever long for.;)

No, you'd clearly be competent enough to represent yourself. I know your type, starts a pro se case, gets kicked around, comes and begs attorney to fix the mess but then back-seat lawyers the whole case.

Walking legal malpractice suit.
 

Whiskey_Clear

Banned
Messages
10,486
No, you'd clearly be competent enough to represent yourself. I know your type, starts a pro se case, gets kicked around, comes and begs attorney to fix the mess but then back-seat lawyers the whole case.

Walking legal malpractice suit.

Only a fool represents oneself....but yeah...I'd still probably be better off than to utilize your services :cigar:

Now stop stalking me in every thread :ROFLMAO:
 
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