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Jury awards a woman <Dr Evil> 1 beeellion dollars...almost

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Originally posted by: MacBaine
Originally posted by: waggy
Originally posted by: PowerMac4Ever
Didn't read the thread.. but $350 mil is nothing considering she will never walk again.

So if while riding my motorcycle and i swerve to avoid something in the road and wreck and am not ever able to walk again i should get $350 million from Honda?

If you wrecked due to the design of the motorcycle, yes.

but she did not flip due to a design flaw. ANY vehicle while doing 65+ is going to flip if you swerve hard. i flipped a fricken ZX2 doing 65 on the tollway trying to avoid some moron crossing the road.
 
Originally posted by: waggy
Originally posted by: MacBaine
Originally posted by: waggy
Originally posted by: PowerMac4Ever
Didn't read the thread.. but $350 mil is nothing considering she will never walk again.

So if while riding my motorcycle and i swerve to avoid something in the road and wreck and am not ever able to walk again i should get $350 million from Honda?

If you wrecked due to the design of the motorcycle, yes.

but she did not flip due to a design flaw. ANY vehicle while doing 65+ is going to flip if you swerve hard. i flipped a fricken ZX2 doing 65 on the tollway trying to avoid some moron crossing the road.
I think you just posted that so you can say you flipped some vehicle on some road and act like a badass. NO ONE CARES. Anyway, you don't know if there was a design flaw in her particular vehicle or not. The article was extremely vague and no one has seen the evidence presented in court.
 
Originally posted by: PlatinumGold
McDonald's served its coffee at temperatures consistent with if not actually lower than the "industry standard brewing and serving temperatures" as defined by the prestigious American National Standards Institute (ANSI), Association of Home Appliance Manufacturers (AHAM), and every coffee trade organization.

These standards definitively and unequivocally refute the plaintiff's argument that home coffee brewers have lower brewing and serving temperatures. According to the trade and manufacturing organizations who set the standards and manufacture home coffee brewers, the plaintiff's argument was a complete fabrication.

McDonald's settled previous lawsuits only where an employee was alleged to have contributed to the spill, in part or whole, and cases where the serving container was defective or otherwise failed, resulting in a spill. Ms. Liebeck spilled the coffee on her own damned self wholly through her own negligence or carelessness.

McDonald's did a piss poor job of defending itself in court because it did not believe such an absurd case had any hope of prevailing given that similar and identical suits have been rejected time and again on appeal (e.g. McMahon v. Bunn-O-Matic Corp. 150 F.3d 651 7th Circuit 1998). Lesson: Take every lawsuit seriously, no matter how absurd or frivolous it may be.

Hot beverages at the temperatures alleged by the plaintiff to be "safe" can by the plaintiff's own admission cause potentially serious burn injury to young children and the elderly, with a high probability of causing 2nd degree burns requiring split-thickness skin grafts. The difference between McDonald's temperature and the plaintiff's alleged "safe" temperature is not "serious injury vs. no injury at all" but a difference of "serious injury vs. less serious injury".

McDonald's settled because it was receiving negative publicity. Had it appealed, it would have been a slam dunk victory for McDonald's in the courts, but would have brought more unwanted public attention.

To recap:

Greedy trial lawers exploited our system of justice, fabricated evidence in a liability case, and got a jury to buy it, legally extorting money from a model corporate citizen under the pretense of justice....and we still have debate over whether this was right or wrong.

God Bless America.

quote from TSCenter in the McD's thread.

by "serving", i am pretty sure he means "dispensing", not "consuming"... and the ANSI standard referred to is for home brewing devices. if you want to take a look at the same case tscenter referred to:

Standard 5.2.1 provides:

On completion of the brewing cycle and within a 2 minute interval, the beverage temperature in the dispensing vessel of the coffee maker while stirring should be between the limits of 170 degrees F and 205 degrees F (77 degrees C and 96 degrees C).

The upper finished brew temperature limit assures that the coffee does not reach the boiling point which can affect the taste and aroma. The lower temperature limit assures generally acceptable drinking temperature when pouring into a cold cup, adding cream, sugar and spoon.
150 F.3d 651, (7th Cir. 1998)

a fact that i have not seen disputed is that the coffee was about 180 degrees when spilled... i don't dispute that the coffee was kept at a decent temperature, but it was also served at a temperature that was marked in the standard as being hot enough not to drink, but hot enough so that after being cooled down by a "cold cup, adding cream, sugar and spoon" at home, it would be drinkable and tasty.

the cups, cream, and spoons used by mcdonalds generally do not cool as well as those same components found in a household would (which is probably what the standard based the temperatures on, given that it is for home coffee making machines). styrofoam cups designed to hold temperature, room temperature cream, and plastic spoons don't cool as well as a ceramic coffee mug, refridgerated cream, and metal spoons. it is pretty unlikely that the coffee coming from a home coffee maker adhering to those ANSI standards would be as hot as what liebeck got from mcdonalds, unless you put your mouth right under the spout.

as for the other comments, i didn't see much fact (just opinion), so i'll end here.

in any case, i don't want to get into a discussion about mcdonalds; suffice it to say, i believe neither this case nor the mcdonalds case turned out, or will turn out, to be as simple as the media and knee-jerk reactionists make it out to be.
 
Originally posted by: SunnyD
She rolled 41 and 3/4 times when swerving to try to avoid a metal object.

#1 - Ford didn't put the metal object there.
#2 - Ford meets the safety standards but does not garauntee your personal safety in any of their vehicles.
#3 - 41 and 3/4 times? For god's sake, how fast what she going? 100mph?
#4 - 41 and 3/4 times... I'm sorry, but Ford had no idea you would swerve intentionally and end up rolling down a CLIFF.

Good god, that's just stupid.


Umm, the Explorer only rolled over 4 and 1/2 times.
 
Originally posted by: SampSon
Please provide some sort of backing to support the corvette having the highest rollover rate.
Haven't you learned how to use Google yet, Sport?
  • The Corvette can be found on the third page, under "Sports Cars: All Small". Scan over the Vette data until you see the number of deaths from rollover accidents. Look up and down the page for any other figure this high. You won't find one. The real world says Vettes have an extraordinarily high number of deaths resulting from a rollover, a kind of accident rarely associated with low-center-of-gravity sports cars. We almost expect tipsy behavior from tall sport utes, but not sports cars. Yet the Vette is a top contender to kill a driver in a rollover...
 
The vehicle passed federal safety standards. If anyone should be sued (no one should), it should be the government. We absolutely know enough about the case to make a judgement. The woman was driving a vehicle which the government deemed safe. She did something that could result in serious injury or death in any vehicle. You might make an argument that it was just bad luck (and if so, I wouldn't be surprised if an idiot like this filed a lawsuit against God), but you can't argue that it was Ford's fault. And the McDonalds case is still absurd. It's a sad day when you can pour coffee on your lap and let go of the steering wheel and crash, and become a million/billionaire from it. It's a sadder day when anyone but the poorest, dumbest city crackheads agree with it 🙁
 
Originally posted by: Ornery
Originally posted by: SampSon
Please provide some sort of backing to support the corvette having the highest rollover rate.
Haven't you learned how to use Google yet, Sport?
  • The Corvette can be found on the third page, under "Sports Cars: All Small". Scan over the Vette data until you see the number of deaths from rollover accidents. Look up and down the page for any other figure this high. You won't find one. The real world says Vettes have an extraordinarily high number of deaths resulting from a rollover, a kind of accident rarely associated with low-center-of-gravity sports cars. We almost expect tipsy behavior from tall sport utes, but not sports cars. Yet the Vette is a top contender to kill a driver in a rollover...

actually, it's even more telling if the statistic as quoted is for #'s of deaths as a corvette can only seat a maximum of 2 where as SUVs can seat significantly more.
 
"I think you just posted that so you can say you flipped some vehicle on some road and act like a badass. NO ONE CARES. Anyway, you don't know if there was a design flaw in her particular vehicle or not. The article was extremely vague and no one has seen the evidence presented in court. "

He gave a PERFECT example from first hand experience, but nooooo, that's not good enough for you. :roll:

You got slam dunked, fvcktard.
 
Originally posted by: Ornery
"I think you just posted that so you can say you flipped some vehicle on some road and act like a badass. NO ONE CARES. Anyway, you don't know if there was a design flaw in her particular vehicle or not. The article was extremely vague and no one has seen the evidence presented in court. "

He gave a PERFECT example from first hand experience, but nooooo, that's not good enough for you. :roll:

You got slam dunked, fvcktard.

if i wanted to be a "badass" i wouldnt have admited to driving an escort!
 
IF it were a design flaw (which it isn't) wouldn't there be a LOT more explorer roll overs than Corvette roll overs?

the fact that there isn't is pretty clear evidence that it isn't a design flaw as much as it is a driving flaw. thing it thru once more, how many corvettes are sold very year vs explorers?? i'm willing to bet that there is a greater than 10 to 1 ratio of explorers to corvettes based on that number EVEN were the number of deaths due to roll overs = between explorers and corvettes, one would still conclude that it is more driving habits than type of vehicle as the corvette is probably less likely to roll over than an expedition. the fact that there are more corvette deaths is pretty clear evidence.
 
Originally posted by: Ornery
Originally posted by: SampSon
Please provide some sort of backing to support the corvette having the highest rollover rate.
Haven't you learned how to use Google yet, Sport?
  • The Corvette can be found on the third page, under "Sports Cars: All Small". Scan over the Vette data until you see the number of deaths from rollover accidents. Look up and down the page for any other figure this high. You won't find one. The real world says Vettes have an extraordinarily high number of deaths resulting from a rollover, a kind of accident rarely associated with low-center-of-gravity sports cars. We almost expect tipsy behavior from tall sport utes, but not sports cars. Yet the Vette is a top contender to kill a driver in a rollover...

That just says that IF you roll a vette, you're likely to die. Not that Vettes are more likely to roll than other cars.

Interesting page though. I wonder if the z06 is prey to those same issues?
 
Statistics are the greatest way to lie: Easy to take pure numbers, and neglect to provide the crucial details.
Those corvette rollovers I will surmise involved the car ending up a long way off the road, hitting objects that started the roll, etc.
I have seen many wrecks in my 800,000 miles of driving, and the only rollover from a pure swerve mishandling, without any object or curb to hit, was an Explorer. Go figure😛
 
Odd, I've seen Suzukis, among other top-heavy vehicles, do it. Not in person, mind you; videos of testing being done. 800k miles isn't really all that much, it's like when someone says they've had 2 good Maxtor drives and so Maxtor makes reliable drives. Anecdotal at best.
 
IMO it is very east for the jury to award the person that much money.. simply because its not their money!!

a good example where the legal system doesnt work
 
Originally posted by: Gurck
Odd, I've seen Suzukis, among other top-heavy vehicles, do it. Not in person, mind you; videos of testing being done. 800k miles isn't really all that much, it's like when someone says they've had 2 good Maxtor drives and so Maxtor makes reliable drives. Anecdotal at best.

Did you see the 😛? 😛😀

It WAS anecdotal, but I watched it happen. I have seen 4 fatalities unfold before my eyes, and that was one of them.
It looked just like the tests, the initial swerve, the overcorrect, and the roll out there in the open pavement, with no curb to start it. Pretty disturbing..........
They were moving pretty fast, 75 or so, and it rolled right down the highway about 5 or 6 times.
 
my sister watched a guy died in an suv (chevy suburban) that flipped when they both tried to switch lanes to the middle at the same time (she was on the far right, he was on the far left) they were going the same speed and when he saw her he yanked the wheel and the suv flipped, happened right to her left...I guess if she had this jury she could of sued for trauma of watching an suv flip and be a millionaire.

on another note, that lady will probably never see a real penny of that 369 million, of course, even if she did, shes still paralyzed and I'd rather be poor and walking than rich and paralyzed.
 
Originally posted by: mugs
OMFG what did the jury decide Ford did wrong?!

During a news conference after the verdict, Buell-Wilson, a 49-year-old mother of two, offered to knock $100 million off the damage award if Ford would fix the design problems in the Explorer that left her permanently paralyzed from the waist down.

WTF does she want them to do, change the laws of physics? Or maybe line the bottom of it with 3000 pounds of lead to make it a little harder to flip? How altruistic of her to offer $100 million of $369 million that she doesn't even deserve.

"This is an important message because there are a lot of people out there that are driving these vehicles that don't have, like Mrs. Wilson, any clue of what could happen," Schoville said.

Yeah there are a lot of clueless people out there. Maybe they should take a freaking high school physics class. How can you drive an SUV and not notice it's top-heavy?

i didn't take pysics in hs and i understand this.

they should either requite a SUV lisence, or make people take a class that will teach them how to controll a car.
 
This thread is enormous so I didn't read it all.

If the engineers reccomended to have the SUV be wider, and Ford ignored them then Ford is at fault!

Imagine, if you will

Engineer: "Boss, it is my opinion that we widen the Explorer, this could save many lives and/or cause less injury due to Rollover accidents."

Boss: "How many accidents do you think we will avoid?"

Engineer: "We calculate around 30 a year"

Boss: "I don't want to spend all that money just to prevent injury to around 30 people a year"

Engineer: "Boss, I protest, my number one duty in the Engineering Code of Ethics is public safey. This comes before anything else."

Boss: "Good, you go and brag about how you did the right thing, when you are standing in the unemployment line. You're fired!" (begins counting his money).

Ford has ALWAYS seemed evil to me. The early explorers were terrible and let's not forget about the exploding pintos that Ford KNEW there was a problem with, but didn't want to stop production to fix it!

Has anyone ever read the Flivver King by Upton sinclair? It was a work of fiction based on facts. Ford has always been quite the shaddy company. All companies are in existance for profit, but Ford has always been WAY too greedy. I've had more problems with ford vehicles than any other brand.

Edit: Just think about it. This women cannot use her legs because Ford wanted to save a few bucks. I guess people don't think use of legs is important??? I don't know about you, but I'd rather have use of my legs than 300 million dollars. How do you put a price on the use of your legs? This should send a message to Ford. But, judging from past experiances, Ford will probably not change.
 
Originally posted by: RedShirt
This thread is enormous so I didn't read it all.
It shows...
Originally posted by: RedShirt
If the engineers reccomended to have the SUV be wider, and Ford ignored them then Ford is at fault!

Imagine, if you will

Imagine the Explorer passing federal safety tests. Really try hard, try to imagine it so realistically that it seems it actually happened... because it did.
 
Originally posted by: Gurck
Originally posted by: RedShirt
This thread is enormous so I didn't read it all.
It shows...
Originally posted by: RedShirt
If the engineers reccomended to have the SUV be wider, and Ford ignored them then Ford is at fault!

Imagine, if you will

Imagine the Explorer passing federal safety tests. Really try hard, try to imagine it so realistically that it seems it actually happened... because it did.

What is your point? I see no point. That is passed some minamum test??? Is that your point?

My point is Ford knew there was a problem and ignored it due to money concerns. This is wrong.
Heck, the government used to only test straight-on impact in cars. Anyone remember the first Dateline NBC special that did 3rd party funded off centered front crashes and showed how terrible some cars performed that got perfect scores on the government impact crashes? This forced the government to change their testing procedures.

Just because something passed a certain minamum test doesn't mean Ford can just throw out engineers reccomendations to increase safety.

Edit: What if Ford knew there was a problem that would cost thousdands of lives, but the government did not find this problem? Would it still be OK in your book?
 
Originally posted by: Gurck
The vehicle passed federal safety standards. If anyone should be sued (no one should), it should be the government. We absolutely know enough about the case to make a judgement. The woman was driving a vehicle which the government deemed safe. She did something that could result in serious injury or death in any vehicle. You might make an argument that it was just bad luck (and if so, I wouldn't be surprised if an idiot like this filed a lawsuit against God), but you can't argue that it was Ford's fault. And the McDonalds case is still absurd. It's a sad day when you can pour coffee on your lap and let go of the steering wheel and crash, and become a million/billionaire from it. It's a sadder day when anyone but the poorest, dumbest city crackheads agree with it 🙁

Sigh... What kind of crazyness is this. Do you really think the GOVERNMENT should be sued (essentially suing the citizens of the U.S.)?

The SUV may have passed the tests, but that does not give Ford a get out of jail for free card. If Ford knew this was a problem, and purposfully cut costs despite recomendations from engineers, it is Ford that is at fault, not the government.

I can't believe people are actually sticking up for Ford. If Ford knew there was the potential for this type of accident, and they ignored warnings from their engineers, then Ford is at fault.

Heck, if the Engineers that brought this up with ford did not lodge a formal complaint, they could be barred from working in an engineering field for life! These things are very serious. $300 million for the use of your legs seems more than fair to me. I don't know how you could put a price on it.

The story would be TOTALLY different if there was no engineering warnings (engineers thought the vehicle was sufficiently safe), Then the women would have gotton nothing.

Edit: If all responsibillity was on the government, I'd assue you, everyone would do the bare minamum when it came to safety knowing someone else would foot the bill. This idea is ridicilous.
 
Another example is Reed v. Chrysler Corporation
(494 N.W.2d 224 (Iowa 1992)).

Basically a person got into a crash with a Jeep and was injured due to the fiberglass top. There was better material at the time to construct the top and Chrysler knew this (it was costworthy to use different meterial as well).

So, Reed sued and won. Simple as that. I still am shocked at the many people making fun of this woman.

It HAD to be costworthy for Ford to freaking fix the problem since they have fixed it (around 2001 or so).
 
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