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  1. #16
    laram0's Avatar
    laram0 is online now Superbowl MVP
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    Re: Man allergic to cheese seeks $10 million from McDonald's

    Quote Originally Posted by Nick View Post
    This article is making me want to head to the Chaplin Road McDonalds right now, actually...
    and.......cheese or no?


  2. #17
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    Re: Man allergic to cheese seeks $10 million from McDonald's

    Quote Originally Posted by laram0 View Post
    and.......cheese or no?
    Does it matter? Apparently even if I say no cheese I'm going to get it.
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  3. #18
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    Re: Man allergic to cheese seeks $10 million from McDonald's

    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.
    "Before the gates of excellence the high gods have placed sweat; long is the road thereto and rough and steep at first; but when the heights are reached, then there is ease, though grievously hard in the winning." --- Hesiod

  4. #19
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    Re: Man allergic to cheese seeks $10 million from McDonald's

    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...
    RnD

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  5. #20
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    Re: Man allergic to cheese seeks $10 million from McDonald's

    I should sue McDonalds too!

    I am allergic to their french fries.....they make my belly swell.
    [SIGPIC][/SIGPIC]Maybe not now, but soon.

  6. #21
    AvengerRam's Avatar
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    Re: Man allergic to cheese seeks $10 million from McDonald's

    Quote Originally Posted by general counsel View Post
    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).

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