MAFCA lawsuit question

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This original question really went viral...speaking of viral, did you get your FLU shot this year? :D
 

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MarkR said:
Here's the facts on the McDonalds hot coffee case, just to put the frivolous lawsuit theory to bed.

http://www.lectlaw.com/files/cur78.htm

Still think it's ridiculous?
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With all due respect, I think the lawsuit is outrageous.

Why shouldn't individuals be responsible for their actions?

Coffee is hot, and will burn skin, whether its 150 degrees or 180 degrees. Individuals who drink coffee are aware that it is hot and will cause burns if not handled properly.

The individual at issue clearly mishandled the coffee.

However, if the individual at issue had ordered milk, and it was served hot enough to cause burns, then the restaurant probably should be held accountable. No one expects milk to be served hot and, therefore, individuals are not be expected to handle a container of milk with the same degree of care that they apply when handling hot coffee.
 
A reasonable question has deteriorated into a pretty stupid thread for this forum, and I was not going to get involved until I saw Roadster62's question. I know a lawyer who got shot by the husband in a divorce case. I dont think the lawyer "ruined" the guys life, he did a pretty good job of that on his own. But hey, blame it all on the lawyer anyway, the guy pleaded insanity. Beats taking "personal responsibility."
 
Possibly, the woman waiting to make the left turn is also partly at fault! Why? Were her car's front wheels pointing straight ahead as they should have been, or were they already turned to the left in anticipation of the turn? I learned over 40 years ago that you need to keep your car's front wheels pointed straight ahead until you are actually moving and turning, for this very reason. If you are hit from behind while waiting for traffic to clear, your car will tend to go straight forward, whereas if you have the wheels turned, you will be pushed into oncoming traffic.
This woman's negligence/incompetence/carelessness is a direct contributing factor in this fatality, assuming, of course, that indeed she had her wheels turned to the left.
 
tbirdtbird said:
"In her defense, she had 3rd degree burns over her entire legs and lady areas, required skin graphs and almost died."

This is the biggest load of bull I have heard in a long time.Third degree means the burns are all the way down to muscle. So now one cup of coffee is enough to strip her entire legs down to muscle, and not a drop made it to the upholstery? Underneath the skin, especially on women, there are several layers of fat that would have to go first. Sounds like typical internet research.
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I guess you can go watch the documentary and look at the pictures for yourself. She originally just wanted McDonalds to pay the medical bills, but they wouldn't. The court decided how much money to give her, she wasn't asking for a lot. If you actually do your research, you will realize how bad the situation was. Coffee should never be so scorching hot that it gives you 3rd degree burns. Imagine if she'd tried to swallow that. Either way...this has nothing to do with this thread so maybe we should just stop it here.
 
Getting back to the question of frivolous lawsuits, I say don't blame the lawyers. It's their job to invent lawsuits. Instead, blame the judges who allow these idiotic lawsuits to proceed. Rather than take a stand and throw a clearly frivolous case out, they kick the can down the road and let a jury decide if there was liability, when everyone knows that when an American is chosen as a juror, we check our common sense at the courtroom door. We become morons who are easily swayed by the thinest of arguements that in the real world we would laugh off as being ridiculous. Then the appellate courts get a chance to chime in. Meanwhile, it's costing the defendants huge sums to continue, and the isurance companies settle to cut their losses. Again- not the lawyers fault, it's the judges fault.
 
BradinFAT said:
MAFCA'S insurance company recently paid out a large amount of cash to be released from this lawsuit. The family members of Mr. Speer are the plaintiffs in this lawsuit. One of the causes of action was, that the old cars distracted the driver of the truck which rear ended a stoped car (waiting to make a left turn) which inturn hit Mr. Speers car head on. Mr. Speers was just driving along with in a group of Model A's. This all happened two cars behind me.
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I think we can go on forever beating on different cases, but this post by Brad in on point and troubles me the most. As a leader in our local club, it has always worried me when we have events where any type of exposure to risk is involved (and the risk is ALWAYS there). Now I am more worried (almost) to the point where I don't want to be involved in club events, especially if I am named as an organizer. Our local club is a chapter of MARC and MAFCA and also has its own insurance policy. We incorporated to protect the individual club officers from liability. We all carry personal auto and homeowners' insurance. Is this all enough? If there is a case, will it destroy our club or cause financial strife for our members?

I know both national clubs go through a lot of trouble and cost with the insurance issue. In my discussion with folks, it has been said that you really don't know your liabilities and coverage until the accident happens and the court "interprets" the case. Until then, I guess the policy is CYA.

We really have to thank the leaders in both our national clubs and local clubs who muddle though this legal business so we can enjoy Model A activities.
 
Jordan said:
on a thread a while back, it was mentioned that there was a lawsuit on MAFCA because while on a mafca sanctioned tour in california, a modern car ran head on into a Model A that was stopped in a left turn lane at a light. Apparently the family is suing the local club & mafca.

This is all I know and I think it's sad a family is going after the organizations.
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Typical :(
 
Speaking of nonsense lawsuits, have you noticed that small engines on snow blowers and lawn mowers now only list the CC's and not the horsepower? Some jerk sued claiming the horspower rating was more than could be true. Thus the change.
 
Marco Tahtaras said:
California laws are very "plaintiff friendly" and it's common to chase links to deep pockets to fill the financial void at other levels. It's not unusual to see some pretty crazy "wins".

Secondly, insurance companies always weigh the odds of winning versus the actual costs of going to court. Even if they have a 99% chance of winning there is a serious cost involved in following through assuming they can't get it thrown out. If they can settle for a number less than the cost of fighting it they often will do so and then pass the cost onto the insured party through premiums. They have no obligation to fight on the behalf of the insured.

It's sad that the legal system allows for that including cases bordering on extortion but that is the way the game is played and everyone in "the system" knows it.
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It's pretty much the same way in medicine. Seems like the tail wagging the dog, doesn't it? It's a shame that the law can no longer separate liability/malpractice from "acceptable level of care" (we did the best we could) from "unavoidable" (the desired results were beyond what is humanly possible,sorry)"
 
As I said before, it is the American mentality that it is always someone elses fault and juries with that same mentality decide that the "victum" should be paid huge amounts of money because of that.
 
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Hicktick said:
New Zealand is the only country where its Legal to distill .

I could move my business , just kidding
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Didn't know that ? I assume every one could distill for their private consumption - I do have a still but have yet to produce anything that leaves the enamel on your teeth or is worth drinking . Come on over guys would love to have more Model Aers here Believe me we have our share of stupid laws as well -Like Trout is not able to be sold in this country All cars have to have a 6 month inspection to be deemed road safe -even if they have only done 2 miles since the last inspection .and lots of other stupid stuff . Also gas is almost US$7 a gallon (if my maths is right ) Karl
 
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