Burn incident
On February 27, 1992, Stella Liebeck, a 79-year-old woman from
Albuquerque,
New Mexico, ordered a 49-cent cup of
coffee from the
drive-through window of a local
McDonald's restaurant located at 5001 Gibson Boulevard Southeast. Liebeck was in the passenger's seat of her grandson's 1989
Ford Probe, which did not have cup holders, and her grandson Chris parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.[SUP]
[9][/SUP] Liebeck was wearing
cotton sweatpants; they absorbed the coffee and held it against her skin,
scalding her
thighs,
buttocks, and
groin.[SUP]
[10][/SUP]
Liebeck was taken to the hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent.[SUP]
[11][/SUP] She remained in the hospital for eight days while she underwent skin grafting. During this period, Liebeck lost 20 pounds (9 kg, nearly 20% of her body weight), reducing her to 83 pounds (38 kg). After the hospital stay, Liebeck was cared for 3 weeks by her daughter.[SUP]
[12][/SUP] Liebeck suffered permanent disfigurement after the incident and was partially disabled for up to two years afterwards.[SUP]
[13][/SUP][SUP]
[14][/SUP]
Pre-trial
Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her daughter's[SUP]
[12][/SUP] loss of income was approximately $5,000 for a total of approximately $18,000.[SUP]
[15][/SUP] Instead, the company offered only $800. When McDonald's refused to raise its offer, Liebeck retained Texas attorney Reed Morgan. Morgan filed suit in New Mexico District Court accusing McDonald's of "
gross negligence" for selling coffee that was "unreasonably dangerous" and "defectively manufactured". McDonald's refused Morgan's offer to settle for $90,000. Morgan offered to settle for $300,000, and a mediator suggested $225,000 just before trial, but McDonald's refused these final pre-trial attempts to settle.[SUP]
[2][/SUP]
Trial and verdict
The trial took place from August 8–17, 1994, before New Mexico District Court Judge Robert H. Scott.[SUP]
[16][/SUP] During the case, Liebeck's attorneys
discovered that McDonald's required
franchisees to hold coffee at 180–190 °F (82–88 °C). At 190 °F (88 °C), the coffee would cause a third-degree burn in two to seven seconds. Liebeck's attorney argued that coffee should never be served hotter than 140 °F (60 °C), and that a number of other establishments served coffee at a substantially lower temperature than McDonald's. Liebeck's lawyers presented the jury with evidence that 180 °F (82 °C) coffee like that McDonald's served may produce third-degree burns (where skin grafting is necessary) in about 12 to 15 seconds. Lowering the temperature to 160 °F (71 °C) would increase the time for the coffee to produce such a burn to 20 seconds. Liebeck's attorneys argued that these extra seconds could provide adequate time to remove the coffee from exposed skin, thereby preventing many burns. McDonald's claimed that the reason for serving such hot coffee in its drive-through windows was that those who purchased the coffee typically were commuters who wanted to drive a distance with the coffee; the high initial temperature would keep the coffee hot during the trip.[SUP]
[2][/SUP] However, the company's own research showed that some customers intend to consume the coffee immediately while driving.[SUP]
[3][/SUP]
Other documents obtained from McDonald's showed that from 1982 to 1992 the company had received more than 700 reports of people burned by McDonald's coffee to varying degrees of severity, and had settled claims arising from scalding injuries for more than $500,000.[SUP]
[2][/SUP] McDonald's quality control manager, Christopher Appleton, testified that this number of injuries was insufficient to cause the company to evaluate its practices. He argued that all foods hotter than 130 °F (54 °C) constituted a burn hazard, and that restaurants had more pressing dangers to warn about. The plaintiffs argued that Appleton conceded that McDonald's coffee would burn the mouth and throat if consumed when served.[SUP]
[17][/SUP]
A twelve-person jury reached its verdict on August 18, 1994.[SUP]
[16][/SUP] Applying the principles of
comparative negligence, the
jury found that McDonald's was 80% responsible for the incident and Liebeck was 20% at fault. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient. They awarded Liebeck US$200,000 in
compensatory damages, which was then reduced by 20% to $160,000. In addition, they awarded her $2.7 million in
punitive damages. The jurors apparently arrived at this figure from Morgan's suggestion to penalize McDonald's for one or two days' worth of coffee revenues, which were about $1.35 million per day.[SUP]
[2][/SUP] The judge reduced punitive damages to $480,000, three times the compensatory amount, for a total of $640,000. The decision was appealed by both McDonald's and Liebeck in December 1994, but the parties settled out of court for an undisclosed amount less than $600,000.[SUP]
[18][/SUP]
