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Discuses these posts So you do have the answers for the questions, all what you need is read your classmates' postings and respond. There is a required minimum of 6 sentences or more per response. This is how we generate discussion in the on-line environment. Your aim is to add value to the discussion. Responses such as "Good answer," or "I agree" will not be acceptable. Be sure that your two peer responses are grammatically correct and are written in complete sentences. Please respond under each post questions: : (note: do not answer the questions) 1. What are the facts of the lawsuit? Who is the plaintiff and who is the defendant? 2. How were damages assigned? How was fault or negligence assessed? 3. Why was negligence assigned to each of the parties? Why was the plaintiff awarded damages if the plaintiff was partially responsible for the harms? 4. Should Starbucks implement any changes in policies or procedures after this lawsuit? The answers: Post 1 1. What are the facts of the lawsuit? Who is the plaintiff and who is the defendant? The facts are that a Starbucks in Florida paid over $100,000 to a woman who has permanent scarring from a coffee that spilled on her. This was due to the lid of the coffee cup popping off. The plaintiff is a Joanne Mogavero, and the defendant is Starbucks. 2. How were damages assigned? How was fault or negligence assessed? Starbucks was found negligent and at fault for the injuries that she incurred. "A Duval County jury on Thursday awarded the mother of three $85,000 for pain and suffering, physical impairment, disfigurement, inconvenience and loss of capacity for enjoyment of life." (Dier, 2017) Starbucks also had to pay $15,000 for medical expenses. 3. Why was negligence assigned to each of the parties? Why was the plaintiff awarded damages if the plaintiff was partially responsible for the harms? I did not find an article that stated that both parties were negligent. However, I was not able to access the article that was linked for this assignment. The plaintiff was awarded damages due to Starbucks being positioned with the action of using defective lids, or lids that were not attached properly. Also, not properly warning the customer that they can pop off. I did find that Starbucks is considering an appeal. 4. Should Starbucks implement any changes in policies or procedures after this lawsuit? Yes, Starbucks should note a warning on cups as well as verbally have employee’s advise of the possibility for the cup lid to come off. Post 2 1. What are the facts of the lawsuit? Who is the plaintiff and who is the defendant? Plaintiff: Joanne Mogavero Defendant: Starbucks Coffee Facts: Mogravero ordered and received coffee from Starbucks via a drive-thru window. Either the lid was not properly attached to the cup or the lid was defective and easily fell off the cup. The coffee spilled on Mogravero’s torso and legs causing first- and second-degree burns. “Joanne Mogavero, 43, endured permanent scarring after the lid on a venti-sized Pike Place coffee popped off at a Jacksonville drive-thru window in 2014. The slip led to the scalding, 190-degree beverage to pour on her lap, her attorneys said in a statement” (Golgowski). 2. How were damages assigned? How was fault or negligence assessed? “The jury awarded Mogavero $15,000 for medical bills and additional $85,000 for her pain and disfigurement” (Bowerman). Which initially may sound punitive. However, it takes upwards of three weeks to recover from second-degree burns. There could be long-term pain from such trauma. Punitive damages were awarded in the 1994 case of Liebeck vs McDonalds. Back then the courts decided that 190-degree coffee was unnecessarily hot. “After hearing the evidence, the jury concluded that McDonald’s handling of its coffee was so irresponsible that Liebeck should get much more than $20,000, suggesting she get nearly $2.9 million to send the company a message. Liebeck settled for less than $600,000. And McDonald’s began changing how it heats up its coffee” (Lopez). 3. Why was negligence assigned to each of the parties? Why was the plaintiff awarded damages if the plaintiff was partially responsible for the harms? These issues were not discussed in the articles I referenced. (The WSJ required that I subscribe to read the link provided in this assignment.) What is known is that this is not a new issue. 1) In 1994 Stella Liebeck was awarded $2.9 million for spilling McDonald’s hot coffee on herself. And this web site hosts an article titled The 10 Best Spilled Hot Coffee Lawsuits in History, covers cases spanning at least a decade. (https://www.thrillist.com/culture/biggest-hot-coffeelawsuits-from-mcdonald-s-burger-king# ). 2) Starbucks, and other companies, received complaints that their coffee was too hot. 3) Restaurants make their coffee at extreme temperatures to save them selves money, customer safety comes in second. Yes, the customer, or plaintiff in this case, has a responsibility to avoid personal harm. However, if you are not a regular Starbucks customer, can you have any concept of how hot their coffee is? And thus, how dangerous? Furthermore, a car is a precarious place to receive anything. You’re trapped in a small confined space. Strapped in more than likely, and when parked next to a drive-thru window, you can’t open the door to escape. I’m not a regular Starbucks customer. However, I have noticed that their beverages are much hotter than what I make at home. 4. Should Starbucks implement any changes in policies or procedures after this lawsuit? Yes, Starbucks should either cool their coffee before handing it to a customer or brew it, and their tea, at a cooler temperature. 112-degrees Fahrenheit works well for me at home.
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