Allentown Personal Injury Law: Tales of Compassion & Triumph
While there’s no doubt that there exist certain individuals in the world that actively try to harm others, most of the human population does not suffer from such inflictions. However, whether there was an intent or not, is it just for one person to suffer for another’s mistake or negligence? Too technical? Well, consider the example of an accident where someone was texting while driving. Now, should the driver be held accountable or not? While some, including the driver, might argue that since there wasn’t an intent to cause harm, there shouldn’t be any punishment. Michael Cardamone, a personal injury lawyer in Allentown, PA, holds a different opinion. And different though it may be, his opinion is strongly aligned with this nation’s code of law and ethics.
Simply put, the matter of the fact is that despite being
important, intent doesn’t spell the end all be all of a situation. Often, one
has to be mindful of the consequences of their actions and how they may affect
others. But this time, rather than looking over a fictitious example, let’s
focus on some real-world examples recommended by the consulting Allentown
personal injury lawyer.
The Infamous McDonald’s Coffee Case
Portrayed by the McDonald’s Corporation as a great travesty
of American freedom, this David versus Goliath story presents an excellent
situation for understanding the ins and outs of tort claims. The case also
clears up a few misconceptions and stereotypes about the ethical issues of
negligence laws. Furthermore, it highlights the extent of the negative smear
campaign that was carried out by the McDonald’s restaurant chain to manipulate
for themselves public sympathy and for 79 years of burnt victim hatred.
Background
The plaintiff of this story, or rather the protagonist, is
one Stella May Liebeck, who on 27th February 1992 had severe third-degree
burns on her body (including the genital area) and lesser burns covering 60% of
her body. The burns were caused by 49-cent McDonald’s coffee when in an attempt
to remove the lid, she accidentally spilled.
Furthermore, per the wishes of the consulting Allentown
injury lawyer, here are the events leading up to and after the incident.
·
The plaintiff, Stella, was
sitting in the passenger’s seat of her car while her grandson was in the
driver’s seat. Stella Liebeck, trying to mix in some sugar and cream, held the
cup between her thighs and pulled the lid from the far end towards her –
causing it to spill over her.
·
The 79-year-old Stella
Liebeck was quickly taken to the hospital, where the degree of her burns was
determined. She remained there for 8 days while undergoing skin grafting.
Settlement Attempts
Stella had incurred over $10,050 in medical expenses. And
because her treatment was still ongoing, she asked McDonald’s for assistance.
The settlement amount that was asked for was $20,000 for anticipated medical
expenses; however, McDonald’s only offered her $800.
Following such a disrespectful response, 79-year-old Stella
hired an attorney and told McDonald’s that she would be suing them for selling
coffee that was ‘unreasonably dangerous’ and ‘defectively manufactured’.
According to Michael Cardamone, a personal injury lawyer in Allentown,
McDonald’s further refused a settlement offer of $90,000 by Stella’s attorney
and a $225,000 settlement recommended by the pre-trial mediator.
Trial Result and Aftermath
The trial concluded with the jury offering Stella $160,000
in compensatory damages and $2.7 million in punitive damages. The punitive
damages were later reduced by the judge to three times the compensatory
damages. As per the consulting injury lawyer of Allentown, both parties
eventually settled for an undisclosed amount.
However, McDonald’s wasn’t through with the case yet and
smeared the poor woman’s name as much as possible. Many other corporations and
companies also joined in on the slander and severely twisted and manipulated
the information to show poor-old Stella as the devil in disguise.
Don’t Fall for The Lies
According to some of the top Allentown injury lawyers,
Stella Liebeck was in the right and a jury of her peers so that she got her
dues. So, don’t fall for all the lies and allegations that continue even to
this day. And lastly, if you’ve also suffered due to someone else’s negligence
don’t be afraid to ask for your just compensation. Simply pick up the phone and
call Michael Cardamone, a top personal injury lawyer in Allentown, for free
consultations.
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