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Old 02-08-2004, 09:40 PM   #33
lumberjim
I can hear my ears
 
Join Date: Oct 2003
Posts: 25,571
Quote:
Originally posted by tw
Not true. Some of the best tea is sun tea? Brewed only in the heat of sun. Being brewed cooler, it does not leach out the bad things into tea.

Dognuts does serve their coffee too hot. Standard procedure is to ask for ice cubes. They even have cups for the ice requests because so many people must ask for ice.

Yes hot coffee will burn skin, even on old ladies in sweat pants. But even hot coffee in sweat pants should not remove muscle. That detail is the major difference between MacDonalds old coffee and current coffee. It took a lawsuit to fix defective MacDonalds management.

Underlying this discussion is the question of jury verdicts. After the trial, I took this complaint to the judge. Jury is denied any written facts. Jury cannot even have a written copy of the Judge's charge - the directions necessary to form a verdict. Judge said the state Supreme Court says they don't want a jury to have information. Lawyers fear that a smart jury member will use written facts to manipulate the jury (as the Judge explained that Supreme Court decision). And so we found ourselves making decisions only on perceived and therefore emotionally biased facts. We even invented a dollar number only because it sounded good. Facts or logical basis on which that number was created - be damned. We just kept running the number up as if it was an auction - without any facts to base a number on.

MacDonalds verdict is hyped by self serving corporations rather than addressing a real problem in jury trials. Jury is denied basic written material necessary to make a decision - such as trial transcripts. We could not even take notes. We had to invent from memory the seven requirements in that jury charge because those seven necessary facts (from the charge) were not permitted inside the jury room.

MacDonalds got its just due. But lawyers fear to trust a jury with specific facts. More important to have a jury's 'feelings' rather than the fact dominate a jury deliberation. Does an OJ Simpson trial come to mind?
tw, are you intimating that YOU were on that jury?
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