He'll win.

I hope he enjoys the new found wealth.

ChaChing, shoulda sued for more...if a hot cuppa coffee can get more than that (initially at least) being put at risk by breaking a Federal safety law on an airplane....8 figures easy.

Don't you mean "if a cup of coffee so hot it burned a woman's vagina to the point she needed skin grafts..."?

Wow,

how lucky can you get?

I'd sue the sh*t out of them for sure....(pah dump crash)

Definitely would've demanded more.

This does not auger well for JetBlue establishing a presence at LAX.

Multu claims "the pilot told him to "go 'hang out' in the bathroom" about 90 minutes into the San Diego to New York flight because the flight attendant complained that the "jump seat" she was assigned was uncomfortable."

Hey, you, yeah the funny guy with the thick glasses and bristly-eyebrows, go hang out in the toilet until we get to LA, okay?

"the pilot told him to "go 'hang out' in the bathroom" about 90 minutes into the San Diego to New York flight because the flight attendant complained that the "jump seat" she was assigned was uncomfortable."


I would have sat on her fucking lap.

726 , you are on to something there, but wouldn't it have been better to have her sit on your lap?

Ya know, you are right, but I doubt that sexy stew would have gone for it.

Of course she could have been a two bagger.

Don't you mean "if a cup of coffee so hot it burned a woman's vagina to the point she needed skin grafts..."?

Posted by mOntecOre

Don't you mean the coffee she knew was hot and still dumped it on herself by holding it between her legs?

I may have it wrong. Did she order ICE coffee?

It says he was flying with a "buddy pass," which, I assume, means a free passage. Case closed: forget it, pal. He was essentially flying as an employee, not a paying customer. At least that's how I would hope a judge would see it.

What's next? Suing because the DMV sucks and the employees are surly?

Don't you mean the coffee she knew was hot and still dumped it on herself by holding it between her legs?

I may have it wrong. Did she order ICE coffee?

Posted by Sniper at 2008-05-14 03:15 PM | Reply


You dumbshit You know nothing about the coffee incident do You?? McDonalds was keeping their coffee super hot to make it last. They were warned NOT to keep it at that high of temprature. They kept doing it to save a few bucks on replacing coffee and welp they got caught when that Woman sued them. It was NOT a frivolous case. It was most assuredly warranted. Please do try yet again for You know not what You speak of.

Larry Mohr

On the McDonalds case with the coffee--They served the coffee at about 500 degrees (only slight exaggeration) to people in the drive thru --

They set up the stage to sell customers burning hot coffee--knowing that folks drink it in the car.

Yes--folks should be careful when they drink and drive.

But the coffee was too hot--if it was the normal temp for brew--the injuries would not be anywhere near what his poor woman suffered. It would be a sunburn--maybe a blister.

McDonalds also has the opportunity to settle her claim for 25k and "someone"--some idiot at the company refused to pay her that sum---with the same idiotic comment that there was some kind of assumption of risk ---Beeeeeppp! Wrong choice--so off to court they went.

How about 500 degree coffee on your willy--??requiring skin grafts? What's that worth to you?

This guy will have difficulty--from an insurance standpoint--unless he was injured during the flight sitting on the toilet--or suffered property damage of some kind--the carrier will not pay.

He was on a free pass--but the pilot is still a moron to put him in the bathroom--like there was turbulance and not safe at all. He should have been offered the jump seat--but the pilot was hitting on the flight attendant and wanted to impress her for later rondevue... Depending on the state--if the guy was not injured--he doesn't get to collect under state laws.

Murphy

Shouldn't the flight attendant have been standing up playing with those air masks and bringing people drinks? What the fuck did she need to sit down for? She's at work.

I stepped off a few flights for some free tickets.Next time I'll offer to sit in the toilette or on somebodies lap and they won't have to give me a million dollars, just some more free tickets. They can stack me and my fellow passengers like cord wood for a cheap flight.

Depending on the state--if the guy was not injured--he doesn't get to collect under state laws.

Murphy


Posted by MURPHY at 2008-05-14 03:29 PM | Reply | Flag: Flag: (Choose)
FunnyNewsworthyOffensiveAbusiv
e

Wouldn't this be a Federal Case since State Laws dont seem to count towards airlines?? Just curious.

Larry Mohr

Pilots who abuse their authority in the air like this clown make it harder on their peers.

This guy was really ugly. It was a service to the other passengers that he was made to stay in the lavatory. But why was his face stained blue when he emerged from the lavatory at the end of the flight? Possibly Imbecile Smurf?

Sniper dead-wrong on the facts again. Who would have guessed?

Good question Larry--

On this type of issue the Fed and State Laws should follow eachother..

That is why we see news with passengers going to Bill of Rights and such--

When the flight is delayed the airlines can try to accomodate and give the agrieved passenger a free ticket or a room overnight.

But many do not and it appears they are not legally required to because the passenger is not "injured" but rather "inconvenienced".

They may argue the same thing here--that he was inconvenienced --not injured --sitting on the toilet--

The attorney should have fun though with the safety of the situation against this trip with this guy.

There are no seat belts on the toilet during turbulence.

They should give the guy some tickets--on real seats and call it a day.

Murphy

You loosie lefties never get it. It has never dawned on you that a person has to be responsible for their actions.

I guess none of you have ever had HOT coffee. If you did, I'm sure you would pour it on your pud because the coffey maker never told you not to.

Take some responsibility for your poor lives.

Sniper, did you read the link regarding the particulars of the coffee case? They were clearly negligent since they kept their coffee well above a temperature that would case third degree burns.

Back to the point of the story, wasn't the stewardess in question sitting in a perfectly acceptable jump seat (it's what they're there for...) but was simply uncomfortable, and wanted her seat back?

Isn't it the job of the employee to make the customer more comfortable?

No, DDenton, Sniper can barely tie his fucking shoes. Read? Ha!

While Sniper is an asshole of the rare variety, I don't think he's an idiot. He's just being intentionally obtuse.

Are you serious, DD? I don't think the guy graduated high school.

Sure, he hates freedom and probably kills puppies by stomping on their heads then pisses on their dead bodies, but no, I don't think he's an idiot.

BTW - I'm joking about the killing puppies part. Not the pissing part though.

Sniper--your point of personal responsiblity is not what this case involved.

McDonalds served 500 DEGREE COFFEE to people in the DRIVE THRU..

The coffee spilled on her lap--BURNING HER LABIA--charcoal black with third degree burns!!

Mac overheated the coffee and knew the temperature when they served it to folks --IN THEIR CARS.

No matter if you charged this woman with 15% for her own personal negligence for buying a cup of coffee from Mac in the drive thru--IT WAS 500 FRIGGIN DEGREES!! IT BURNED HER GROIN AND LABIA to the color of black and required skin grafts. She still gets two million. In fact the original judgment was way over and the judge had to reduce it.

If the coffee was the acceptable temp of what?-- 150 degrees--the damage would have been a sunburn on this woman's lap--not skin grafts.

You drop coffee on your lap and burn your willy and see if your personal responsibility arguement holds.--How would you feel about skin grafts on your little friend??

Murphy

"500 DEGREE"

riiiiiiiiiight

That's some fucking live steam under a lot of pressure to serve in a to-go cup.

Boiling point of water:
100 C
373.16 K
212 F

Murphy's IQ, is it measurable?
And who cares?

Voting felons want to know.
(No, not me, sorry. Never seen a jail except for a tour of Angel Island.)

Murphy is off about the temp (it was something like 160-170 degrees or so, which is way hotter than drinking temp), but she is not wrong about her overall point. The fact that McD's purposely served its coffee this hot (despite many, many incidents reported to them where people had been burned by the coffee) in order to make a few more dollars (because people eating in the "restaurants" could not take advantage of free refills before they were ready to leave, and because you can brew more coffee from the same amount of beans if the water is hotter), justified the result in that case.

Fuck, the jury awarded the equivalent of two (2) hours worth of coffee profits to this poor disfigured woman (by the way, she was not driving when this happened, another common misperception), and the judge eventually reduced the verdict to less than her medical bills. Fuck McDonalds and fuck anyone who blames this woman for what McDonalds did to her.

JetBrown airlines, at your service!

Hey Sniper. Would You have sued McDonalds had the coffee incident happened to say Your Mother/Wife?? Or would You of said why that stupid bitch deserved to get burnt by that extremely hot coffee?? Just a question.

Larry Mohr

There are plenty of good examples of what a litigous society we live in where there are way too many frivilous lawsuits but the McDonald's case isn't one of them. they were over the line.

McD's went over the line after the fact with their asshole reaction. They should have just eaten all her expenses and been civil.

I grew up in a BBQ joint in Waco. Customers are guests in your house. But there is an aspect to this judgment that resembles "Piper Aircraft sued because pilot flew into mountain on a clear day."

Civil juries can be absurd.

Don't you mean "if a cup of coffee so hot it burned a woman's vagina to the point she needed skin grafts..."?

That's why most women with a brain keep hot coffee away from their vagina -- especially in a moving car where the physics of inertia take over.

But as proven, being brainless pays off.

"
But as proven, being brainless pays off.
"

Posted by goatman

In the short term in an insane society.

Pat Robertson; Paul Harvey; ...

500 degrees comes to mind.

You're "in the show."

Enjoy; Life is short.

Hey Goatman when You buy a drink through a drive thru where do You put Your cup/Glass at?? Since I lack a cup holder in My vehicle it goes directly in the V of My crotch that way it doesn't tip over and spill all over the place. She placed said coffee cup where ANY logical person would to prevent spillage. Common Sense ain't so common after all.

Larry Mohr

Goat,


When I first witnessed this case my initial reaction was, "You've got to be kidding me???"


However, as I learned more, my opinion changed a bit. Based upon what I know of the case, the primary reason, although not the only reason, that McD's heated their coffee to such an absurd level was to perpetuate the coffee's aroma throughout their restaurant, which enticed people to purchase it. Now, if this was the first time they were made aware of the negative effects of their excessively hot coffee, I'd have more sympathy for them. But it wasn't. Seriously, how hard would it have been to have a 'demo pot' where the coffee was heated to absurd temperatures to perpetuate the aroma, but coffee from said pot was forbidden to be served?

I am a personal responsibility guy all of the way and don't have a lot of symathy for someone who crotches a cup of hot liquid while driving and expects to be paid when said liquid spills and they get burned. That said, as a consumer I would expect some kind of warning label if the liquid was heated to such high temperatures that it carried that level of danger.

It pains me to say it, but I think this ruling was ultimately the correct one.



All of that said, the lawsuits against fast-food for obesity are so patently absurd that these fuckers deserve to be shot and then waterboarded by Dick Cheney.

If they only would have given him a DVD player, none of this would have happened.

I would have traded with Him gladly. Think about it You wouldn't have to worry about going to the bahroom to relieve Yourself. You could drop Your drawers and go right then and there. Hell You could just do like so many men at home and leave Your pants and underwear down and sit and read a book. There are perks to being placed in the bathroom mega perks.

Larry Mohr

Typing with one hand?

They're lucky they didn't hit turbulence and the guy ended up injured. That would have been a big award case with no possible defense.

Yav--The guy does claim that there was turbulence while he was on the toilet.

That is how he goes to the doctor for his absurd injury and claim damages.



So I was off on the temp--anything over the top may as well be 500 degrees...


Like it mattered to Mac what the award or the reduced award was--They serve 300 billion hamburgers a day!
____________

That's why most women with a brain keep hot coffee away from their vagina -- especially in a moving car where the physics of inertia take over.

But as proven, being brainless pays off.

Posted by goatman at 2008-05-14 07:22 PM

Read the link--and just think about your own crotch when you put something there.

It burned her labia to charcoal black--you know what 3rd degree burns do to a person's skin!

Murphy

"They're lucky they didn't hit turbulence and the guy ended up injured. That would have been a big award case with no possible defense."

It could have been, sure, but it wasn't.

In this case he has no damages, so what award?

Zero.

The airline needs to take the case to trial and break this idiot and his ambulance chaser from sucking eggs.

If the toilet had no seat belts then the airline is responsible for placing him in additional danger. Besides, there's quite a bit of difference in the degree of comfort for one's butt when it comes to whether you sit on an airliner passenger cushion seat or a small hard stainless steel toilet seat for three hours. Then there's the humiliation of it all....

I thought this story was a hoax when I first read it. I'm not a fan of lawsuits, but the pilot and the complaining flight attendant should be fired; making a passenger sit on a toilet seat is insane.

I hope JetBlue just offers to give the guy some money and free flights and fires the stupid employees.

Ya gotta have damages Chris!

No damages, no money!

McDonald's deserved to get sued.

No way.. hot coffee is hot coffee, sure it hurts if you pour it on yourself. McDonalds got screwed.

It's painfully obvious CalifChris never spent any length of time in the slammer. You can get used to sitting on hard steel toilets if You put Your mind to it. Hell I spent many a hour on the shitter reading while locked up. a airline toilet seat can't be all that different from a jailhouse one.

Larry Mohr

PS before You ask it was Temporary Deprovation of Property.

Mista Kurts how about mental damages??

Larry Mohr

MISTA

Punatives, baby, punatives. Punative damages are where the big bucks come into play.

Physical hurt? Okay, maybe no actual physical hurt but what about the emotional hurt? That's where he could sue for punitive damages.

If I were his lawyer I would say my client spent 3 hours with no seatbelt and was mentally (((terrified))) that if the plane hit turbulence he might be killed. That incident made him never want to fly again. See where I['m going wih this?

Also, he's got to have had at least a very sore butt sitting on that tiny stainless steel toilet seat for three hours
.
And what about being mentally humiliated by the other passengers who surely pounded on the toilet door at some point during those 3 hours asking him what is he doing in there so long and to get out because they need to use the bathroom.

A good lawyer would have a field day with this one.

Punitive $$$ damages due to mental distress.

Damages also because he was a paying passenger with the expectation he was entitled to a "seat" -- a cushioned seat -- on the airliner, not a hard stainless steel toilet seat.

Fair question Larry, but what would they be?

An hour and a half on an uncomfortable seat in a shitter causing mental damages?

I would love to be the defense attorney getting to cross examine any shrink saying so!

The jury would laugh his ass out of court.

I'll bet you would too.

MistaKurtz

It was 3 hours on that seat, not one and a half hours.

Chris,

Maybe I misread it, but you can google up the defination of Mental Distress in tort law.

It says:

"When a plaintiff seeks recovery from infliction of mental distress, there needs to be proof that severe emotional distress did occur and some kind of medical attention was needed. Some courts go so far as to require suffering of physical distress by the plaintiff as well."

The physical injury requirement is the majority view, the best I can recall.

MistaKurtz

It only occurred this past February. We both know that it often takes time for mental problems to surface and the person to be made aware of them. Even in physical medical malpractice cases you have one year from the date you are aware of the injury to file a complaint (at least in California).

I think the airline's best chance of getting out of this is the fact the guy was traveling on a "buddy pass" as a friend of a Jet Blue employee which would not really entitle him to all the "full service" accomodations one would expect for a passenger who paid full ticket price. If I were the attorneys for the airlines I would use that as my defense -- that this guy had no right to expect what a full paying passenger might.

I have no particular loyalty in this case.
I'll make a case for either side. I just enjoy arguing law. (grin)

you won't even notice the increase in fares

I'm not sure the buddy pass defense works...

sure he might not be entitled to full service....but I'm pretty sure they still owe him a seatbelt.

that's where they are screwed, the airline played roulette with his well being...severe turbulence, hell even one jolt from verticle shear and this guy would have been severely injured.

I'm not sure the buddy pass defense works...

sure he might not be entitled to full service....but I'm pretty sure they still owe him a seatbelt.


Agreed KWRX. OK, they bumped him because of his buddy-pass status (ie.., he got employee-level treatment). But then they tell him he can't sit in the jump seat because it can only be used by employees. So is he employee status, wherein he can be bumped from his seat in-flight, and then he can use the jump seat... or is he NOT emplyee-status, wherein he cannot use the jump seat AND he cannot be bumped from his seat.

Jet Blue needs this like a hole in the fuselage, after the major meltdown they had in February when they basically canceled 4 days of flights due to fleet logistics screw-ups, and are now being sued by everyone and his brother over that .

Don't you mean "if a cup of coffee so hot it burned a woman's vagina to the point she needed skin grafts..."?

I suspect that if you poured hot coffee on your vagina, it would burn too, Monte. But don't try it on my recommendation. Unless you need the money.

It's not a personal injury tort. It's bait and switch. Or bate and switch, depending on what he was doing in there.

Typing with one hand?

Posted by Fonda_Waffles at 2008-05-14 08:12 PM


Yes i am. I have my 10 day old granddaughter cradled in my other arm