Man wins 21 million dollar lawsuit for this ...

[Danny83]

http://www.nydailynews.com/news/nati...icle-1.2432161

[rr-nyc]

While I hate frivolous lawsuits and windfall judgements, I say good for this guy. If he is suffering from seizures and chronic vertigo as a result of this, he deserves every penny.

Having vertigo is a horrible experience. I get it once in a while and I cannot imagine having regular episodes .

I'm sure the opposing lawyers had him examined by their own specialists and couldn't find anything to refute his claims


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[Danny83]

Originally Posted by rr-nyc

While I hate frivolous lawsuits and windfall judgements, I say good for this guy. If he is suffering from seizures and chronic vertigo as a result of this, he deserves every penny.

Having vertigo is a horrible experience. I get it once in a while and I cannot imagine having regular episodes .

I'm sure the opposing lawyers had him examined by their own specialists and couldn't find anything to refute his claims


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At least he stayed on the 280 day vacation thats amazing

[zama]

Sounds like the 10M McDonalds coffee pay outs to me..... Compensation probably justified the $ amount is not.

[uscmatt99]

Sounds like there was evidence suggesting this was a recurrent problem that went unaddressed. I don't know how you can put a price on pain and suffering, but dealing with a chronic seizure disorder and chronic intermittent vertigo would be absolutely miserable. $5 million ought to cover that. The other $15 million was a reminder to the cruise-ship industry to maintain its vessels to a higher standard.

[Knappo 1307]

Originally Posted by uscmatt99

Sounds like there was evidence suggesting this was a recurrent problem that went unaddressed. I don't know how you can put a price on pain and suffering, but dealing with a chronic seizure disorder and chronic intermittent vertigo would be absolutely miserable. $5 million ought to cover that. The other $15 million was a reminder to the cruise-ship industry to maintain its vessels to a higher standard.

Nailed it....

[hsfrank]

As the article stated Holland America is appealing the verdict. While the verdict may not be overturned it surely will be Tailored to a lower amount. As to holding the cruise industry to a higher standard, I can assure you that no one is more concerned with passenger safety then cruise ships. I am a veteran cruiser of over 340 days I know personally the degree of concern that management and crew ships offer. While not an excuse for the door hitting The gentleman, it is a mechanical device that is subject to failure. While I recognize that 30 incidents might seem like a lot, Holland America has had hundreds of thousands of passengers. In the interest of full disclosure or I am a stockholder in Carnival the owner of Holland America.

[rr-nyc]

Originally Posted by zama

Sounds like the 10M McDonalds coffee pay outs to me..... Compensation probably justified the $ amount is not.

The McDonald's coffee suit continues to the joke of our legal system but if you ever looked at the evidence, the woman actually sustained 3rd degree burns on 6% of her body that required skin grafting and wound debridement


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[rr-nyc]

Originally Posted by hsfrank

As the article stated Holland America is appealing the verdict. While the verdict may not be overturned it surely will be Tailored to a lower amount. As to holding the cruise industry to a higher standard, I can assure you that no one is more concerned with passenger safety then cruise ships. I am a veteran cruiser of over 340 days I know personally the degree of concern that management and crew ships offer. While not an excuse for the door hitting The gentleman, it is a mechanical device that is subject to failure. While I recognize that 30 incidents might seem like a lot, Holland America has had hundreds of thousands of passengers. In the interest of full disclosure or I am a stockholder in Carnival the owner of Holland America.

Of course they appealing; it's the American legal system. The damages will probably come down but I imagine it will still be above what he originally asked for


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[Etschell]

Originally Posted by rr-nyc

The McDonald's coffee suit continues to the joke of our legal system but if you ever looked at the evidence, the woman actually sustained 3rd degree burns on 6% of her body that required skin grafting and wound debridement


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so what you're saying is she should have got 100 million.

[tbonesteak]

I for one always continue my vacations 3/4 of a year when seriously injured.

[Kingair]

OK let me be # 2 in line . . . .

And I'll even take a few M less . . .

[rr-nyc]

Originally Posted by Etschell

so what you're saying is she should have got 100 million.

No, that's what you're saying. First, it wasn't a $10M award, it was $2.8M but was lowered and then settled far below.

My point is that people use the McDonald's lawsuit as a posterboy example of frivolous lawsuits. It was far from frivolous and real injuries occurred.

PS- if your intent of posting comments like this is to build up your post count, there are a few threads here that will help you accomplish that without having to make pointless statements


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[Dan Pierce]

Originally Posted by rr-nyc

No, that's what you're saying. First, it wasn't a $10M award, it was $2.8M but was lowered and then settled far below.

My point is that people use the McDonald's lawsuit as a posterboy example of frivolous lawsuits. It was far from frivolous and real injuries occurred.


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^This.
dP

[Etschell]

Originally Posted by rr-nyc

No, that's what you're saying. First, it wasn't a $10M award, it was $2.8M but was lowered and then settled far below.

My point is that people use the McDonald's lawsuit as a posterboy example of frivolous lawsuits. It was far from frivolous and real injuries occurred.

PS- if your intent of posting comments like this is to build up your post count, there are a few threads here that will help you accomplish that without having to make pointless statements


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my intent is to show that drinking hot coffee is inherently dangerous warning label or not. anyone whom is capable of driving a car could figure this out. hot coffee is hot. now i dont know the ins and outs of the case so i will reserve judgement on whether the employee put the top on correctly or if the cup holding the coffee failed. if that were the case by all means it is not frivolous.

that said i am sorry she got 3rd degree burns and had a medical issue caused by the incident.

notwithstanding any of the above, thank you for inferring my posting intent - you caught me.

[rr-nyc]

Originally Posted by Etschell

my intent is to show that drinking hot coffee is inherently dangerous warning label or not. anyone could figure this out that is capable of driving a car.



that said i am sorry she got 3rd degree burns and had a medical issue caused by the incident.

She wasn't driving a car, she was a passenger. Does that make her more or less likely to know that the coffee was hot enough to give her 3rd degree burns?




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[Etschell]

Originally Posted by rr-nyc

She wasn't driving a car, she was a passenger. Does that make her more or less likely to know that the coffee was hot enough to give her 3rd degree burns?




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people use the case because the headline was "WOMAN SPILLS HOT COFFEE ON HERSELF, SUES MCDONALDS FOR $10 MILLION AND WINS". they dont read into all the ins and outs of the case, that is as far as they read.

you, being a lawyer, see the legal merit of the case.

the average person watches that video and says "it didnt look so bad". they dont care about the after effect of a temple strike or the fact that the company had been warned about the issue in the past.

i think the pushback comes from "if someone or some organization is rich and you sue them you can get a settlement out of them that is extraordinary because the ownus is on them to not be negligent. after all they do have the resources to not be."

[rr-nyc]

Originally Posted by Etschell

people use the case because the headline was "WOMAN SPILLS HOT COFFEE ON HERSELF, SUES MCDONALDS FOR $10 MILLION AND WINS". they dont read into all the ins and outs of the case, that is as far as they read.

you, being a lawyer, see the legal merit of the case.

the average person watches that video and says "it didnt look so bad". they dont care about the after effect of a temple strike or the fact that the company had been warned about the issue in the past.

i think the pushback comes from "if someone or some organization is rich and you sue them you can get a settlement out of them that is extraordinary because the ownus is on them to not be negligent. after all they do have the resources to not be."

I'm not a lawyer. I just dont read a headline to make up my mind


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[vwpilot]

I think possibly something is deserved, but not this much.

Heck, he should have been looking where he was going. Watch the video, looks like he was looking at and smiling at the camera and not paying attention.

Just like the coffee lady, sure she was injured and sure the coffee may have been hotter than it should have been, but she was a passenger and put the coffee between her legs (from what I've seen/read). That is being irresponsible, you know it could spill and get on you. Why was she not holding it or putting it in a proper holder.

Just like this guy, look where you're going and pay attention and this would not have happened.

I'm a huge proponent of personal responsibility. Looking where you're going is a pretty basic one and I feel for the guy, but I have a hard time giving him a windfall like this.

Especially, when it sounds like he isnt hurting for money to pay his bills if he can afford to take almost an entire year off cruising around the world and taking a tutor along with them for their kid.

[bayerische]

He is a Businessman alright.