Man allergic to cheese seeks $10 million from McDonald's

**laram0** · -08-15-2007

Originally Posted by Nick

This article is making me want to head to the Chaplin Road McDonalds right now, actually...

and.......cheese or no?

**Nick** · -08-15-2007

Originally Posted by laram0

and.......cheese or no?

Does it matter? Apparently even if I say no cheese I'm going to get it.

**HUbison** · -08-15-2007

I'm not a lawyer, nor do I play one on TV. And I will take GC's word for all the legal gymnastics that apply here. However, in my little layman's mind, I can't imagine anybody deserving to receive anything from McDonald's when they won't even lift the bun to see if a life-threatening substance is on it.

If you choose to put your life in the hands of some 16-year-old kid standing over an industrial grill, then you don't deserve any money. But that's just me.

***ramsanddodgers*** · -08-15-2007

If you choose to put your life in the hands of some 16-year-old kid standing over an industrial grill, then you don't deserve any money. But that's just me.

Exactly why I don't eat at those franchises. If I find myslef there because others want to stop while on a road trip I limit myself to drinks and fries...

***badmoforamfan*** · -08-15-2007

I should sue McDonalds too!

I am allergic to their french fries.....they make my belly swell.

**AvengerRam** · -08-16-2007

Originally Posted by general counsel

Its easy to check whether the cheese was on the burger, and i do believe that impacts the damage award, but its also to some degree a blame the victim defense and i dont think it makes mcdonalds less negligent.

If the state where the suit is brought recognizes a concept of contributory negligence, the plaintiff's award would be reduced based upon his degree of fault (i.e. failing to use reasonable care - like lifting the bun and looking - to ensure that there was no cheese).

Avenger, back me up here. Mcdonalds has a duty to provide safe food, they were aware of the risk (if the story is true), the behavior was both the cause and the proximate cause of the injury, and thus, the issue is how much the victim is entitled to in terms of damages, since they are guilty of negligence. Simple bar exam 101. You take the plaintiff as you find him.

Sure. He has plead a prima facie claim of negligence (duty/breach of duty/proximately caused damage).