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man sues mcdonald's for 10 million for putting cheese on his burger
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08-12-2007, 03:57 AM
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Mambattedge
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Oct 2005
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Originally posted by DanQ
This lawsuit is indeed truly pathetic and will be a waste of a court's time. The only person winning here is the lawyer. The great Zkribblo predicts:
The claim for punitive damages will be thrown out. There's no indication here of malice.
The claim for Intentional Infliction of Emotion Distress with be thrown out. There's no indication of intentional conduct.
The claims of the two people who rushed the burger eater to the hospital will be thrown out. McDonald's conduct was not aimed at them.
If the case goes to trial, the burger eater willl get, at most, his $700 medical bills + an award for pain and suffering of, say, about $2,100. That's $2,800.
The attorney will take 40% or $1,120. Say he "hotdogs" the case and spends only about 20 hours on it -- that's $50.00/hour.
This leaves the burger eater with $1,680. If there's some depositions in this case (burger eater, two friends, McD people, and doctor), these expenses will eat up his award, and he might end up owning his attorney.
I don't know what the going rate for defense attorneys is there, but say it's $200/hr. A defense attorney will spend at least 50 hours on the case; so, he'll collect $10,000.
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