The Death Of Common Sense!

Set Avatar · #1 12-28-2003, 04:00 PM

Wasn't sure where to put this, but thought it too good to waste! Some should appreciate it I'm sure.

"Today we mourn the passing of a beloved old friend by the name of Common Sense, who has been with us for
many years.

No one knows for sure how old he was since his birth records were long ago lost in bureaucratic red tape. He will be remembered as having cultivated such valued lessons as knowing when to come in out of the rain, why the early bird gets the worm and that life isn't always fair.

Common Sense lived by simple, sound financial policies (don't spend more than you earn) and reliable parenting strategies (adults, not kids, are in charge).

His health began to rapidly deteriorate when well intentioned but overbearing regulations were set in place. Reports of a six-year-old boy charged with sexual harassment for kissing a classmate, teens suspended from school for using mouthwash after lunch, and a teacher fired for reprimanding an unruly student only worsened his condition.

It declined even further when schools were required to get parental consent to administer aspirin to a student but could not inform the parents when a student became pregnant and wanted
to have an abortion.

Finally, Common Sense lost the will to live as the Ten Commandments became contraband, churches became businesses and criminals received better treatment than their victims. Common Sense finally gave up the ghost after a woman failed to realize that a steaming cup of coffee was hot, spilled a bit in her lap, and was awarded a huge settlement.

Common Sense was preceded in death by his parents, Truth and Trust, his wife, Discretion; his daughter, Responsibility; and his son, Reason. He is survived by two stepbrothers; My Rights and Ima Whiner.

Not many attended his funeral because so few realized he was gone."

**Ace917** · #2 12-28-2003, 04:03 PM

Thanks for sharing. Makes you stop and think, doesn't it....

-ace

Burt Foster · #3 12-28-2003, 04:54 PM

But unfortunately it is true.

chadham · #4 12-28-2003, 05:38 PM

"Common Sense finally gave up the ghost after a woman failed to realize that a steaming cup of coffee was hot, spilled a bit in her lap, and was awarded a huge settlement."

I do not want this in Flying Plates, so I assure you that it is with great respect that I post this, but...

If the settlement referred to above is the McDonald's case, then the problem was that the coffee was being served so hot and in styophome cups that the coffee was melting the cup in the customer's lap and was scalding them to the point that skin grafts and other types of surgery were required (one victim was a pregnant woman). In other cases, the cup would melt in the customer's hand as they reached for the coffee in the drive up, causing the coffee to scald their hands, faces, breasts, torsos, etc...

The company had been sued many times over this and had settled for amounts which made it economically feasible for them to settle claims without reducing the temperature or paying the extra $.04 per cup needed to upgrade to a stronger container.

The case which brought the matter to public attention involved an elderly lady badly burned by the coffee who received a jury award after trial in the millions. On appeal, the award was drastically reduced.

Members of the jury said in later interviews that they had chosen the award amount at trial based upon one day's average take by McDonald's on the sale of coffee. They hoped that the award would get the company's attention in view of the many prior cases related to the same problem. Evidence at trial had revealed that at $.04 per cup, it was cheaper for the company to keep serving the coffee at too hot a temperature in a deficient container and pay settlements than to change their serving practices.

To my knowledge, none of these food vendors continue to use styrophome containers for their products. I hope that one, at least, is a victory for "common sense." thanks, chad

**Ace917** · #5 12-29-2003, 09:10 AM

My thoughts on the McDonalds case changed this weekend, as well. Thanks, Chad, for setting the record straight. The lawyer son-in-law of a friend of mine was explaining this case to us yesterday and told us the same thing. There had been a litany of complaints over the years about this very problem. McDonalds had the chance, but not the common sense, to make the change.

-ace

Set Avatar · #6 12-29-2003, 11:34 AM

Thanks for the information Chad - my brother also shared similar information. I must admit, I am one of the people who rolled their eyes at this frivolous law suit but, in the light you present the case, it takes on a whole new meaning and I do not find the law suit frivolous at all - especially since there were others preceeding this one.

Set Avatar · #7 12-29-2003, 11:56 AM

I was wondering if you were playing the Devils advocate or being the fine barrister that you are!

In light of the facts that you submit, I wholeheartedly agree.

Quote:

Evidence at trial had revealed that at $.04 per cup, it was cheaper for the company to keep serving the coffee at too hot a temperature in a deficient container and pay settlements than to change their serving practices.

I know this $.04 per cup to be factual, as we have some friends who own six McD's stores. She told us their cost was $.04 per cup, way back in 2000!

Of course, I would imagine the suit to which the "Common Sense" outline refers is the first one where the woman was seated on the comode, holding the cup between her knees, w/no clothing protection whatsoever anywhere!!! THAT burn wasn't the company's fault, that was HER's for being plumb stupid! Who in their right mind would do such a thing? I know, I know, the general public!! I deal w/them as well, so I'm aware of their lack of common sense!

Just didn't want you to think I was ignoring your excellent retort! You're good, my lad!

Lux

chadham · #8 12-29-2003, 12:23 PM

Thanks. And to your other quote: "...that was HER's for being plumb stupid!" Sounds to me like she was being "plumbing" stupid.

Okay, I'll stay away from humor.

Though we lawyers can get a bad rap at times, there are many who work to protect the public. One thing I have learned is that there is ALWAYS two sides to every case. If I am to be prepared to argue my case, I will need to know the other side's story as well. Most cases are settled because there are two sides to the arguement and the matter is worked out. I sincerely believe that a great deal of common sense reigns in our society, its just that cases lacking common sense are so outrageous that they stand out.

Thank you Lux for sharing this. It is always good when a thread helps all of us learn and grow. Your friend, chad