Case Barnett Law - BC - August 2018

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‘Frivolous’ Lawsuits the Media Got Wrong MORE TO THE STORY

brought to court where Liebeck was award $640,000 and the restaurant was instructed to turn down the temperature.

The media likes to claim Americans are “sue happy.” People will call a lawyer if their coffee is too hot, they claim. The truth is, while there are some baseless lawsuits, those usually get dismissed early on. And when a so-called “frivolous case” gets national attention, there’s a chance we aren’t seeing the whole story. A LAWSUIT AND A SIDE OF FRIES Stop us if you’ve heard this one: A woman orders a cup of coffee at a McDonald’s drive-thru window. As she drives away, she spills the coffee on herself and decides to sue because the coffee was just too hot!

WHY YOU NEED INSURANCE In 2002, the small town of Reed Springs, Missouri, filed for bankruptcy after losing a personal injury lawsuit. Sally Stewart was walking down the sidewalk when she tripped in a pothole buried beneath a patch of grass. She injured her ankle and had to get surgery. Stewart initially sued nearby shop owners to help cover the medical bills, but the court determined care of the sidewalk was the responsibility of the city. A few years later, Reed Springs was writing Stewart a check for $100,000. Later reports framed Stewart as a greedy, careless woman who put a sweet town in jeopardy. The truth is, under normal circumstances, the city’s insurance would have covered the lawsuit and Reed Springs would have been fine. Unfortunately, the city’s then-mayor, Joe Dan Dwyer, had let the city’s insurance lapse. This “oversight” might have been part of a greater scheme, as Dwyer was also under indictment for insurance fraud, statutory rape, and perjury. These are just a few examples of cases that deserve a second look. We’re not saying there aren’t wasteful lawsuits out there, but you would be surprised how many cases that seem ridiculous have a lot more going on beneath the surface.

This infamous McDonald’s hot coffee case is the best-known example of a frivolous lawsuit

— and the best example of the media getting it wrong. The woman in question,

Stella Liebeck, was in the passenger seat of her grandson’s parked car when the coffee spilled.

Because McDonald’s served their coffee at 190 degrees Fahrenheit, Liebeck suffered severe third- degree burns over 6 percent of her body. She did sue, but wanted to settle for $20,000 to help pay for the skin grafts she needed. When McDonald’s refused, the case was

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Summer Grilled Halibut

If you’re tired of grilling hamburgers at this point in the summer, try using your grill for something a little different. This easy halibut recipe is a great change of pace. Ingredients

• • • •

2 pounds mixed tomatoes, sliced 1/2 cup hearts of palm, drained

4 boneless, skinless halibut fillets, about 5 ounces each 1/4 cup olive oil, plus extra for drizzling

• •

Basil leaves, for garnish

1 lemon

Kosher salt and black pepper, to taste

Directions

1. Lightly oil grill grates and heat grill to medium. 2. Grate 1 teaspoon lemon zest onto halibut fillets. Drizzle with olive oil and season with salt and pepper. 3. Grill halibut, turning just once, for about 5 minutes on each side. 4. In a mixing bowl, combine tomatoes, hearts of palm, juice from lemon, and oil. Season with salt and pepper. 5. Garnish salad with basil. Spoon salad over grilled halibut. Serve.

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