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ESPN: Fan Sues Cowboys After Burning Butt on Bench


jwpanic

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behold the stupidity of cowboys fans....

A Dallas Cowboys fan is burning mad at her team.

Jennelle Carrillo, of Cleburne, Texas, has sued the Cowboys and owner/general manager Jerry Jones after she suffered severe burns to her backside while allegedly sitting on a bench outside Cowboys Stadium before a team scrimmage in August 2010. Temperatures on the day of the annual Blue & Silver scrimmage were more than 100 degrees, and the bench that Carrillo sat on was black.

"The bench was uncovered and openly exposed to the extremely hot August sun," the suit, which was filed in Tarrant County civil court, states. "The combination of the nature of the black, marble bench and hot sunlight caused the bench to become extremely hot and unreasonably dangerous."

Carrillo's lawyer, Michael Wash, told KDFW-TV that his client initially knew she had been burned but didn't realize the extent of the injuries until receiving medical attention. She did not stay for the game, according to Wash.

"She sat down on this black bench, outside an entrance and unfortunately she suffered third-degree burns as a result of it and had subsequent skin grafts," he told KDFW.

The suit alleges that Cowboys Stadium posted no warning signs alerting fans that the benches could be hot.

Wash told KDFW that Carrillo has suffered "mental anguish, physical pain and disfigurement as a result of her wounds."

According to the TV station, Carrillo is suing to get a jury trial and payment of court fees, interest and a damage amount determined by the jury.

The Cowboys declined comment to KDFW due to the ongoing litigation, per team policy.

http://http://espn.go.com/dallas/nfl/story/_/id/8276263/dallas-cowboys-hot-water-burned-fan-files-lawsuit-team

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Having just arrived on this planet, she was unfamiliar with how the laws of science played upon certain objects. I mean, for any normal human being who survived past infancy on this planet it would have been obvious that a black marble bench sitting exposed in the Texas sun is not something you just plop your ass down on carelessly, but she clearly didn't know therefore the richest person in the area is directly responsible and owes her millions of dollars for her ignorance.

How many people attended this scrimmage? Thousands? How many of them got 3rd degree burns from one of the benches there? Yeah that's what I thought.

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This may be a bit off topic, but if you had seen the pictures from that woman's burns, you would've realized that the coffee was way too hot.

Just researched the pictures. Vomit.

Anyway, she lacked common sense in putting hot coffee contained in a flimsy disposable cup BETWEEN HER LEGS WHEN IN A VEHICLE, whether the coffee was too hot or not. This woman also lacked common sense in sitting on a black bench in the middle of the summer.

Unfortunately, the law allows for people who lack common sense to exploit those who do not. This is coming from a (soon to be former) law student.

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Water boils at 212 degrees. I quickly boiled water the other day in a small pot and poured myself some tea as I had a sore throat and nothing helps that out for me like some oolong. I let the tea sit for a while since I didn't want to scald myself. One second of exposure at 160 degrees is enough to cause third degree burns. The McDonald's coffee was typically being heated at the time between 170-180 degrees. In order for coffee grounds to best release their flavors, the water used in brewing must be 190 degrees or higher during the brewing process. The woman in question in that case was one person to severely burn herself out of millions of people who drink McDonald's coffee every day worldwide.

If I recall properly she was elderly (in her 70's) and was resting the cup improperly, pulling at the lid, and spilled the entire contents on herself. Coffee, as shown in the link below is at it's optimal drinking temperature for most people at 140 degrees give or take a few degrees.

http://www.ncbi.nlm.nih.gov/pubmed/18226454

At 140 degrees, 5 seconds of exposure is enough to cause serious burns. Chances are whether the coffee was very hot or pretty hot the elderly woman would have burned her crotch anyway.

All of that is beside the point, the whole argument over the lawsuit being frivolous was over the fact that McDonald's, not the woman, was responsible for the spill occurring to begin with. Pictures of the burns, the severity and extent to which the woman was burned and the question of whether McDonald's was responsible for the temperature of the coffee are entirely academic. The fact is that she injured herself with coffee that, while very hot, was lower than it's accepted brewing temperature and was a drink which people expect to be extremely hot. It is not very different from going to a pizzaria, biting into a piping hot slice of pizza and burning your mouth, then suing the person who made the pizza for serving an entirely too hot pizza. Everyone knows pizza is hot, everyone knows coffee is hot. It should suffice to say that one should be very careful around such things and not risk harm to themselves. The fact that the woman's medical expenses totaled around 10k and she won over 100k through the law suit was the cherry on the poop sundae.

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What's more disgusting is pathetic coward judges who think they are "legally entitled" to a sign. You can't put a f-ing warning sign everywhere for common sense. You want to know why today's society doesn't give a damn about anything they do wrong, because they're taught that it's always someone else's fault. If I was the judge I'd toss this joke lawsuit out and tell her to get out of my court room.

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I absolutely loathe lawsuits like this. This is another Liebeck vs. McDonald's case where someone just needs to slap her with a common sense stick.

Maybe this should be moved to the tailgate, but oh well.

Mrs. Liebeck received 3rd degree burns on her legs, buttocks and back (16% of her body). She had originally opted to settle with the McDonalds Corporation for $20,000. This money was to cover her medical bills, lost wages, and anticipated expenses. McDonalds refused to settle for this amount and instead offered $800.

Liebeck had no choice but to hire an attorney. It was later discovered that from 1982 to 1992 The McDonalds corporation received more than 700 reports of customers burned by McDonald's coffee. McDonalds had even settled a previous claim resulting from scalding coffee for $500,000.

Liebeck was awarded $200,000 in compensatory damages, which was then reduced by 20% to $160,000. In addition, they awarded her $2.7 million in punitive damages. The jurors agreed on the punitive damage amount due to her lawyer's suggestion to penalize McDonald's for two days' worth of coffee sales.

After the trial, Liebeck and McDonalds reportedly settled out of court for a lower amount.

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Just more proof of the intelligence level of the average Cowboys fan. Also, she must've had one huge ass not to feel it.

From my week and a half spent in Austin, I can say with certainty, that there is some truth behind "Everything is Bigger in Texas", at least when it comes to citizens of the state. :pfft:

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As much as I enjoy the opportunity to rag on Cowboys' fans it's more like "behold the stupidity of Americans" because this can and does happen everywhere. Each individual (and their grimy lawyer) see a money grab, they don't see collectively the damage these kind of lawsuits due to our freedom and society.

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