Pearson and Mcdonal Lawsuit Analysis

Topics: Pearson v. Chung, Jury, Burn Pages: 9 (3450 words) Published: September 13, 2013
Pearson and McDonald’s Lawsuit Analysis
Samantha Penico
University of Maryland University College, AMBA 610

Executive Summary
There are two major lawsuits which the main populace has defined as frivolous. One of those cases is the McDonald’s split coffee case. This is the case where the plaintiff spilled her coffee and was rumored to sue McDonald’s for 2.7 million dollars and win. The other’s case is the Pearson dry cleaning case where a man sued Chung Dry Cleaner’s 54 million dollars for losing his pants. The plaintiff won in the McDonald’s Case and the Plaintiff lost in the Dry clearance’s case. In this paper we are going to dissect each case by the facts, the law, the issues, the ethical issues, the defendants preventative measures, and then the analysis of it all.

Introduction
Frivolous lawsuits have over taken our society by storm. Anywhere from someone suing over a pair of lost pants to a person suing over a coffee burn. But what is Frivalous? Perhaps there is more to see in each of these suits that was originally thought. In 1992 79-year-old Stella Liebeck spilled coffee on herself and sued McDonald’s for the coffee being too hot. In May 2005 Judge Roy Pearson sued Custom Cleaners for losing a pair of his pants. On paper both of the lawsuits look ridiculous and should be dismissed as soon as the titles are read. But when looking into the details one discovers propaganda hugely blown out of proportion on one case and the other being exactly what it looks like.

What are the Facts?
Factual evidence is what gives a case its meat, its substance, so without worthy facts it is very easy for a case to lose any of its stimuli. On the other hand sometimes the facts of a case with swift ones initial opinion in a complete 180. The Pant’s Suit and the McDonald’s Coffee Suit both have information to back the claim, however, only one can truly be deemed as proof. In My 2005 District of Columbia Administrative Law Judge Roy. L. Pearson claimed Custom Cleaners lost his pants. Judge Pearson said he “dropped off blue Saks Fifth Avenue suit pants with burgundy pinstripes at Custom Cleaners for $10.50 alteration and that the gray, cuffed pants they tried to return to him were not his (Andrea, 2007).” Pearson then proceeded to request Custom Cleaners, owned by the So Jin and Sooo Chung, pay him over $1,000 for a new suit. The Chungs refused and Pearson proceeded with a lawsuit asking for 65 million dollars. Before the suit went to trial the Chung’s tried to settle, offering Pearson up to 12,000 dollars but Pearson refused and instead lowered his suit to 54 million dollars (O'Rourke, 2007). The suit then proceeded to the court. Stella Liebeck was burned by coffee going through a McDonald’s drive-through. Her grandson, Chris Tiano, stopped the car in the drive through so she could put cream and sugar in the coffee. Ms. Liebeck placed the coffee between her legs, and when she pulled the top off the coffee it spilled on her (Press & Carroll, 1995). She suffered severe third degree burn injuries to her buttocks, groin, and inner thighs. She was hospitalized for eight days because of the severity and had to receive multiple skin grafting procedures. Ms. Liebeck was disabled for two years due to her injuries. McDonald’s had 700 previous customer burning cases prior to Ms. Liebeck’s case, and the company decided to keep their coffee temperature at 190 degrees Fahrenheit. Prior to going the lawsuit path, Ms., Liebeck originally requested McDonald’s settle for injury costs; however, the company offered her $800 instead. Ms. Liebeck did not receive 2.7 Million Dollars as most assume, instead she received a total of $640,000 included the complementary damages and the punitive damages (Litant, 1995). When laying out the facts of the “McDonald’s Coffee Case” as most call it, one is shocked to find themselves on Ms. Liebeck’s metaphorical side of the matter rather than McDonald’s. One must always review the facts to have any true...
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