Use Caution in Changing the System

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By William F. Torpey


Caution -- Handle With Care -- I'm Hot
Caution -- Handle With Care -- I'm Hot
Leon Panetta with President Bill Clinton
Leon Panetta with President Bill Clinton
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Poor Stella Liebeck!

Stella was minding her own business one day when she decided to stop at McDonald's for a cup of coffee. The incredibly hot coffee spilled, scalding her severely. She sued and won a substantial monetary award.

Stella's $2.7 million damage award, which attracted so much national attention, was later reduced, incidentally, to below $500,000 on appeal. I wonder how many people know, or care, about that!

Now Stella is frequently held up as an example by Republican conservatives who have been trying for many years to protect big business from the multi-million dollar "product liability" lawsuits and punitive damages that always make a big splash in the newspapers. (They're not such great news stories when, months or years later, the huge awards are overturned or, often, reduced significantly.)

The truth is that the coffee served by many fast-food establishments is unconscionably hot, and the kind of injuries Stella suffered were not only likely but inevitable.

Conservatives would prefer, no doubt, that people like Stella be given a coupon for a free hamburger rather than have a legally constituted jury decide -- after a thorough review of the facts -- what a fair settlement would be.

Congress presently is in the throes of a battle over the revamping of the nation's civil legal system, including House bills pushed through by the GOP last week to make it easier to defend product liability and securities fraud cases, and reduce the number of frivolous lawsuits. It's all part of Newt Gingrich's infamous "Contract With America."

The Republican idea is to save money by putting a federal limit on punitive damages in most lawsuits, including an artificial $250,000 cap on pain and suffering awards in medical malpractice cases; losers would be forced to pay the legal fees of the winners under certain conditions.

The approved bills were immediately called "flawed" by two Senators, Slade Gorton, R-Wash., and Jay Rockefeller, D-W.Va., who are pushing their own bill, backed by Connecticut Sens. Joseph Lieberman and Christopher Dodd, which is more likely to escape a Clinton veto.

Once again Gingrich, Sen. Bob Dole, and other Republicans pushing for approval of the "contract," are seeking simple solutions to complex problems. Fortunately, cooler heads are likely to prevail in the Senate, and many of those mindless "contract" proposals will fail or at least be moderated.

Under the Grand Old Party's multi-million budget-cutting proposals, the nation's poorest people will suffer the most severe consequences of the "contract," while tax cuts for the wealthy are given priority attention by the GOP.

White House Chief of Staff Leon Panetta, generally a quiet, soft-spoken gentleman, has described some of the Republicans' proposed budget cuts as "irresponsible" and "mean spirited."

There's no question that some changes should be considered, but Congress should put aside the escalating political buffoonery and at least try to apply reason and perhaps a little caution and wisdom.

Meanwhile President Clinton reportedly has been seen recently looking all over the White House for his veto pen.

I wrote this column as a "My View" for The Hour newspaper of Norwalk, Conn., on March 18, 1995. I now write my views on a wide variety of topics on HubPages. You can, too. It's easy, and free! Get paid for writing about what you love, or whatever interests you!. HubPages makes the technical part easy. Make friends and get help on its active forum. Take a quick tour to see how easy it is to get started today Click Here -- To view my HubPages Profile Click Here

On Lawsuits


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jormins profile image

jormins  says:
2 years ago

Wow she got less than 500K? Its funny how that never made the news. At least one good thing came of that lawsuit. Almost every product we can consume has some warning on it no matter how funny it may sound.

William F. Torpey profile image

William F. Torpey  says:
2 years ago

Thanks for the comment,, jormins. I think you'll find most of the big jury awards you read in the papers end up substantially reduced after the Appeals Courts get through with them! I hope those consumer warning help -- Look what's happening with the imports from China!

Ralph Deeds profile image

Ralph Deeds  says:
2 years ago

Goog article. If I'm not mistaken, after the incident McDonald's lowered the temperature of its coffee. So, the law worked exactly the way it's supposed to. Unfortunatley that often is not the case, for example, in so-called mandatory arbitration decisions in cases against stock brokers and credit card companies. They should not be allowed to call these one-sided hearings "arbitration."

William F. Torpey profile image

William F. Torpey  says:
2 years ago

Thanks, Ralph. McDonald's did lower the temperature. Not long after that Wendy's, where I enjoyed hot chocolate at the time, stopped selling it. It was my assumption that the hot chocolate went the way of McDonald's coffee because I believe it, too, was superheated.

Bob  says:
2 years ago

Bill......I wonder how much of that half mill. her atternoy recieved ? Pick on the Republicans for supporting big business, but it seems that you Dems are in the pocket bysupporting the trial atternoys and they're really BIG BUSINESS !!

MrMarmalade profile image

MrMarmalade  says:
2 years ago

Stella's $2.7 million damage award, which attracted so much national attention, was later reduced, incidentally, to below $500,000 on appeal. I wonder how many people know, or care, about that!

In the last fortnight a young lady received $9 Million dollars about 5.5 years ago for being a passenger in a car of a drunken driver.

Any way the appeal had 2.5 Million dollars dropped. The judge said that this then 16 year old girl must bear some of the responsibility of getting into a car with a drunken driver.

You would be a very knowledgeable 16 year old to even think of that matter. You and I would not get into the car in the first place

Thanks for your thought provoking hub

Isabella Snow profile image

Isabella Snow  says:
2 years ago

I remember this! Great hub!

William F. Torpey profile image

William F. Torpey  says:
2 years ago

I appreciate your comments, MrMarmalade and Isabella. These kinds of cases are not rare. They keep coming up all the time. I've written several columns about our system of justice; it needs some serious review.

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