Leibeck vs. Pearson

Topics: Frivolous litigation, Liebeck v. McDonald's Restaurants, Pearson v. Chung Pages: 5 (3029 words) Published: October 20, 2014

Angela Campbell
February 18, 2014
MBA 610

Executive Summary
Everyone in the world is always suing one another or companies to either get rich quick or to prove a point. Many companies will settle out of court if they are wrong or not to prevent bad publicity that may affect them financially with an active lawsuit that will make the news. The laws should have regulations on lawsuits. Lawsuits can be dragged out for years and can affect both parties financially and mentally. For instance, the Chungs are being sued by Roy Pearson and the Chungs suffered and almost lost everything due to lawsuit in legal fees and the loss of business (Takruri, 2007). The reasons many drag the lawsuits out over years is due to the hopefulness that the lawsuit is dropped or settled out of court. Many people will take the settlement unless they really have the time to wait for a trail and judge or jury to determine their fate. Introduction

There are many individuals in the world who will always take a chance in life to see if they can sue an individual for what they may have feel their rights have been violated. In the case of Stella Liebeck and the lawsuits she had against McDonalds made national headline and many around the world was aware of this lawsuit. Stella Liebeck believed she was violated in being burned due to the coffee she was served was too hot and it caused third degree burns to her a large amount of her body. Many refer to Stella Liebeck lawsuit to be a frivolous lawsuit and should have never gone to court. Roy Pearson decided to sue a dry cleaning company due to false advertisement against the dry cleaning company, which did not provide “satisfaction guaranteed” and “same day service” to give fast service and where the company had lost Roy Pearson pants while in their care (Goldwasser, 2007). This made national news as well as the Stella Liebeck case. This lawsuit has been referred to as frivolous as well. There are many people that will agree that this lawsuit should have never gone to court as well. What are the facts?

The Mighty Quinn facts:
Stella Liebeck received third degree burns which were over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days which she received skin grafting. McDonald’s coffee spilled in her lap in the drive thru.

Stella Liebeck was from Albuquerque, New Mexico.
This incident occurred in 1992.
She was the passenger of her grandson car.
The coffee was served in a Styrofoam cup and scalding hot.
The car was at a stop when she spilled her coffee.
The temperature of the coffee was 185 degrees minus or plus 5 degrees per McDonalds. The Roy Pearson Case facts:
Roy Pearson claimed that the dry cleaning service lost a pair of pants. Roy Pearson is suing for 54 million dollars over a pair of lost pants. The defendants were the Chungs in the lawsuit.
This incident occurred in May of 2005.
Roy Pearson claims the Chung’s attempted to substitute for another pair of the pants. That the “Satisfaction Guaranteed” and “Same-day service” sign was misleading for the plaintiff Roy Pearson. The Chung’s did not guarantee satisfaction to Roy Pearson according to Roy Pearson. The Chung’s agreed to pay 150.00 to replace the pants and when Roy went to pick up the check it was for 80.00 according to Roy Pearson. What are the issues?

The Stella Liebeck lawsuits had many issues that can be addressed. The issue is that Stella did not intentional meant to get burn and received third degree burns to parts of her body? Who is actually at true fault? Is McDonalds at fault for not having the “Hot” caution sign on the cups to for warn the consumers that their product is hot and open with caution? Should the consumer have enough knowledge to know that the product is scalding hot and can cause third degree burns? Who is all at balm for the initial injury and who should be liable for the causing of the third degree burns?...
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