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Tort Law: Stella Liebeck Report

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Tort Law: Stella Liebeck Report
Hot coffee spill worth cool award McDonald 's may fork over $2.9 million
Denver Post Copyright 1994 Friday, August 19, 1994 The Associated Press

ALBUQUERQUE - A woman, who was scalded when her McDonald 's coffee spilled won a jury award of $2.9 million - or about two days ' coffee sales for the fast-food chain. Lawyers for Stella Liebeck, 81, who suffered thirddegree burns in the 1992 incident, contended that McDonald 's coffee was too hot. A state district court jury imposed $2.7 million in punitive damages and $160,000 in compensatory damages Wednesday. Ken Wagner, one of Liebeck 's attorneys, said that he had asked the jury for punitive damages equal to two days ' worth of McDonald 's coffee sales, which he estimated at $1.34 million a day. Testimony indicated McDonald 's coffee is served at 180 to 190 degrees, based on advice from a coffee consultant who has said it tastes best that hot, Wagner said yesterday.

The lawsuit contended Liebreck 's coffee was 165 to 170 degrees when it spilled. In contrast, he said, coffee brewed at home is generally 135 to 140 degrees. Defense attorney Tracy McGee said the company will appeal. Juror Richard Anglada said the jury was trying to deliver a message to the industry. "The coffee 's too hot out there. This happened to be McDonald 's," Anglada said Wednesday. Liebeck 's lead counsel, Reed Morgan of Houston, said there have been several lawsuits nationally over the temperature of McDonald 's coffee, but that he believes the Liebeck case was the first to reach the verdict stage. A California case was settled out of court for $235,000, he said. He said the woman 's medical bills totaled nearly $10,000. According to testimony, Liebeck was a passenger in a car driven by her grandson outside a McDonald 's in southeast Albuquerque when she was burned by a cup of coffee purchased at a drive-through window. The jury found, among other things, that the coffee was defective and that McDonald 's engaged in conduct justifying

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