Tort Reform Case Study

Improved Essays
The Liebeck case came about during the tort reform movement, which wanted to limit the monetary damages a person could collect. (Forell, 2011). This movement was supported by McDonald’s and other companies who were on the receiving end of many lawsuits. (Forell, 2011). However, that movement took a big hit with Liebeck. In February 1992, Stella Liebeck was a passenger in her nephew’s vehicle and they made a stop at the McDonald’s drive through. (Cain, 2007). Liebeck purchased a cup of coffee that was served in a Styrofoam cup. (Cain, 2007). They parked the car so Liebeck could add cream and sugar to her coffee. (Cain, 2007). Liebeck then placed the cup between her legs and removed the lid, which led to the coffee spilling on her lap. (Cain, 2007). It was believed that the coffee was between 180 to 190 degrees, which was the norm for McDonald’s at that time. (Forell, 2011). To make matters worse, Liebeck was wearing sweatpants which absorbed the hot coffee. (Cain, …show more content…
(Forell, 2011). However, the Judge dropped the punitive damages figure to $480,000.00. (Forell, 2011). Thereafter, a post-verdict settlement conference was ordered and the case settled for a confidential amount. (Forell, 2011).
The Liebeck case is a good example of what tort damages are intended to do – that is, make the injured party whole again. The Liebeck case went even further and sought punitive damages against McDonald’s in order to punish them for their negligent actions. It also shows how insurance plays a role in settlements. Without insurance, there would be no settlement. Additionally, the insurance carrier can dictate where the case goes, whether it settles quickly or if it goes all the way to trial, as it did in Liebeck. However, every case is unique and there are many things that can be taken away from

Related Documents

  • Decent Essays

    Critical Legal Thinking Case Study 1 Sterling, Inc. vs NoBugs The purpose of this report is to present advantages and disadvantages of a lawsuit regarding the breach of contract between NoBugs and Sterling, Inc. Furthermore, we will discuss the pretrial planning should Sterling, Inc. decide to sue NoBugs. First we must evaluate the cost for Sterling, Inc. to move forward with a law suit against NoBugs. In addition to the financial loss in excess of 20 million for loss of profits, expenses occurred for compensating customers, and the damage of Sterling’s reputation.…

    • 518 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    This was the first shocker to me, I have spilt hot things on myself before even coffee and never have I ended up with even a burn that needed any type of medical treatment. The second issue that hit me was that Mrs. Liebeck tried to write McDonals telling them what happened and asking htem to help her cover medical expenses, they simpley blew her off explaining that their coffee was hot and at the tempature that people enjoyed it. At this point Mrs. Liebeck decided to move forward with the…

    • 962 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    James Hitesman was a registered nurse and shift supervisor at Bridgeway, Inc, nursing home. He displayed concerns to management about that amount of infectious diseases within the nursing home. He claimed that the incidents of infections were rising at a disturbing rate. The management did not take care of the situation as he desired. Therefore, he told a television reporter about the problems in this nursing home.…

    • 1276 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Bukowski v. Clarkson University In 2012, the case of Bukowski v. Clarkson University made it all the way to the highest New York state court. This case involved the plaintiff, Shawn Bukowski, suing his school on the grounds of negligence by the defendant (Lippman, 2012). Shawn Bukowski was a pitcher for the baseball team at Clarkson University, where, during an indoor practice, was hit by a line drive in the jaw and sustained an injury. Bukowski felt that Clarkson University and their baseball coach had acted negligently and put him in unreasonable risk of harm, because there were conditions on the field that enhanced his risk to sustaining this type of injury (Lippman, 2012).…

    • 2119 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    The coffee craze is the United States is growing rapidly and getting out of hand. Many people are paying for overpriced beverages made with suspicious ingredients. In Dave Barry’s newspaper column, “Decaf Poopacino”, he explains that “the specialty coffee craze has gone too far.” He supports his claim by using an anecdote from his own life along with informal comedic diction to relate to the reader and make is point more clear. His humorous tone allows him to entertain the reader and it allows him to make his irritating experience seem like a comedic and relatable story.…

    • 474 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Tort Law Case Study

    • 502 Words
    • 3 Pages

    From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…

    • 502 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Tort Reform In Texas

    • 132 Words
    • 1 Pages

    Battery is defined as an illegal touching of another person. This can be as small as grabbing someone’s shoulder or wrist all the way up to imposing serious harm on another person. If you are involved in an argument that becomes physical and the other person punches you in the face, this is considered an “intentional tort.” In all situations in a pharmacy, you should make sure that you never, ever touch a customer in any way. This country has become so “sue happy” and our courts are full of frivolous lawsuits that the people who really need the help and have a viable case cannot get any legal team to take their case.…

    • 132 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014) Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant.…

    • 1250 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Michael Vitiello, Proposition 215: De Facto Legalization of Pot and the Shortcomings of Direct Democracy, 31 U. Mich. J. L. Reform 707, 749–51 (1998) (“In 1937, Harry J. Anslinger was serving as the United States Commissioner of Narcotics. He had served in the Treasury Department where he aggressively enforced the Harrison Act and headed the Federal Bureau of Narcotics in the Treasury Department. Anslinger's appeal to racism and hysteria was unabashed. He and other proponents of the Marijuana Tax Act argued that marijuana caused criminal and violent behavior . . . Anslinger stated that, ‘[m]arihuana [was] an addictive drug which produce[d] in its users’ insanity, criminality, and death’”).…

    • 364 Words
    • 2 Pages
    Improved Essays
  • Improved Essays
    • 469 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Abbott v. Gould, Inc., 232 Neb. 907, 443 N.W.2d 591 (Neb. 1989) Facts: Several former employees and personal representatives (Plaintiffs) of Gould, Inc. (Defendant/Appellee), sued to recover damages against their former employer and Robert J. Fitzgibbons, Sr., M.D (Defendant) based on allegations that they were responsible for damages based on their conduct. The Defendant demurred in part, on the grounds that the district court lacked subject matter jurisdiction in the matter. The Defendant also operated a secondary lead refining and smelting plant. It is the Plaintiff’s belief that the Defendant knowingly misrepresented the facts to its employees, refusing to acknowledge that their work environment was reasonably safe.…

    • 528 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Facts: Joe Webb (plaintiff) and J. Greeley McGowin were both employed at a lumber mill. August 3, 1925, Webb was dropping large, pine blocks from the top floor of the mill to the ground. Clearing the mill this way is usual method. While Webb was throwing wood blocks he noticed McGowin on the first floor. Webb decided to jump with the pine blocks to try and prevent any injury to McGowin, but on his landing, he suffered severe injury and will never be able perform physical labor for the rest of his life.…

    • 249 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    But this case was very clearly an ethical issue that needed to be addressed which is why I believe Mrs. Liebeck won her case. Even though there are no laws about brewing your coffee extremely hot there is when that coffee could hurt someone like it did in Mrs. Liebeck's and 700 other peoples case. It is illegal for companies to be negligent and omit warning labels from potentially dangerous products, even something as simple as a cup of coffee. Even though the punitive damages that are intended to deter companies from committing torturous acts were reduced I still believe they did their job because now every cup of McDonald’s coffee comes with a warning label reading “caution contents VERY hot” and the reminder of Stella…

    • 974 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Stella Liebeck Murder

    • 303 Words
    • 2 Pages

    The biggest surprise to me was that Mrs. Stella Liebeck never asked for anything more than just what she could not cover medically, and for McDonalds to look into it so this did not happen to anyone else. The extent of her injuries was also a surprise. Learning the fact that she was a passenger and her nephew had pulled over while they got situated did change my perspective. I do believe that it was Mrs. Liebeck’s fault for spilling the coffee, however McDonalds had been aware of several incidents that had occurred with their coffee causing severe burns. Before reviewing the fact, my opinion was that people would sue for anything and that it was all Mrs. Liebeck’s fault for spilling the coffee.…

    • 303 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Tort Reform Case Paper

    • 767 Words
    • 4 Pages

    According to Dedman and White (2014, April 15), Stella Liebeck bought a cup of coffee and was sitting in her grandson’s car. She put the cup of coffee between her knees to take the lid off to put cream and sugar in it. When she took the lid off, the cup slipped and fell all over her lap and seeped through her sweatpants and gave her third degree burns on her thighs. She sued McDonalds, saying that they didn’t have any warnings on their cups on how hot the coffee was, and that their coffee wasn’t just…

    • 767 Words
    • 4 Pages
    Improved Essays