McCoffee, McMedia and McFacts

Years ago, a New Mexico jury awarded 2.9 million dollars (2.7 million in punitive damages) to 81-year-old Stella Liebeck for burns she received from McDonald’s coffee. Since then, commentators, talk show hosts, and tort “reformers” have scrambled to claim this case as just another arbitrary, out of control civil justice system. Polls shows public opinion on the side of McDonalds, jurors from the case received threatening phone calls, and unidentified tort “reform” groups bought radio ads based on falsehoods about the case. Generally lost in a maelstrom of misinformation are the following facts:

1. In 1992, Stella Liebeck, then 79, bought a small cup of coffee from McDonald’s drive-through window. Sitting in the passenger seat of a parked car, she placed the Styrofoam cup between her knees and was attempting to remove the plastic lid when she spilled the entire contents in her lap. She was wearing sweatpants which held the coffee next to her skin. She suffered third degree burns over 6% of her body, including her inner thighs, perineum, buttocks, groin and genitals. She spent eight days in the hospital and underwent painful skin grafts and debridement treatments (The Indiana Lawyer, 9-94*).

2. According to McDonald’s records, between 1982 and 1992 the company received at least 700 complaints (more than one per week) of coffee burns ranging from mild to third degree and settled some of those claims for more than $500,000.00 (Wall Street Journal, 9-1-94). Those victims included men, woman, children and even infants, some with burns similar to Mrs. Liebeck’s (MTLS Update, 12-94*).

3. According to stated company policy, McDonald’s coffee must be served at 180 to 190 degrees (212 is the boiling point of water). According to the defense team’s own research, this is at least 20 degrees hotter than other restaurants. According to expert medical testimony for Mrs. Liebeck, 190 degree coffee will produce third degree burns in 2-3 seconds, 180 degree coffee in 12-15 seconds, and 160 degree coffee in 20 seconds (McDonald’s Operations and Training Manual quoted in the Wall Street Journal).

4. McDonald’s Quality Assurance Executive, Christopher Appleton, testified that McDonald’s knew its coffee sometimes caused serious burns but hadn’t consulted a burn expert, had decided not to warn customers even though most would be unaware of the danger, and didn’t intend to change any of its coffee policies, saying: “there are worse dangers in restaurants”. (The Wall Street Journal).

5. On behalf of McDonald’s Dr. P. Robert Knaff, a human-factors engineer, testified that hot coffee burns were statistically insignificant compared to the billion cups of coffee that McDonald’s sells annually (The Wall Street Journal).

6. In other testimony, McDonald’s witnesses admitted its coffee is “not fit for consumption” when sold because it will cause severe scalds if spilled or drunk (Mrs. Liebeck’s attorney, S. Reed Morgan, in MTLA Update.)

7. Ms. Liebeck’s treating physician testified that this was one of the worse scald burns he had ever seen (MTLA Update).

8. McDonald’s passed up several changes to settle the case. Mrs. Liebeck asked for $20,000.00 prior to retaining an attorney. Mrs. Liebeck would have settled for $150,000.00 before trial. A court ordered mediation recommended $225,000.00 (The Wall Street Journal and the Indiana Lawyer).

9. Although initially skeptical of Mrs. Liebeck’s claim, in post interviews, jurors said their minds were changed by the seriousness of the injuries and McDonald’s “callous disregard for the safety of people” (The Wall Street Journal).

10. Mrs. Liebeck was awarded $200,000.00 in compensatory damages which was reduced to $160,000.00 for her 20% contributory negligence. The punitive damages of 2.7 million were consciously calculated on a company-wide revenue for two day’s sale of coffee. The punitive damages were reduced to $480,000.00 by the trail judge (The Wall Street Journal and the Indiana Lawyer).

11. Informal surveys after the verdict indicate increased interest in preventing restaurant coffee burns (The Wall Street Journal).

*The Indiana Lawyer is published by the Indiana Bar Association including both defense and plaintiff’s lawyers; MTLA Update is published by the Minnesota Trial Lawyers Association.