Larry Foutz's Sunday letter in response to an earlier one by Eran Lagenstein proves the point made in the Lagenstein letter: "If you repeat a lie loud enough and long enough, then people believe it's true."
Advertisement
Mr. Foutz states that in the McDonald's coffee lawsuit, Stella Leibeck "received $2.9 million because no one told her that coffee is usually served hot."
The facts are that Ms. Leibeck spent eight days in the hospital undergoing extremely painful debridement procedures to treat third-degree burns on 6 percent of her body from coffee served between 180 and 190 degrees (your cup at home is normally 135-140 degrees). The coffee was served at that temperature even though McDonald's had received more than 700 claims by people burned by its coffee between 1982 and 1992.
Ms. Leibeck's award of $200,000 in compensatory damages was subsequently reduced to $160,000 (upon the determination that she was 20 percent at fault) and the $2.7 million punitive damage award was reduced to $480,000 in accordance with state law. The parties subsequently reached an undisclosed post-verdict settlement, but we can safely assume that it was not the $2.9 million reported by Mr. Foutz.
Ironically, Ms. Leibeck had initially asked McDonald's only to pay her medical bills. It was McDonald's that decided to take the case to a trial despite the fact that the company knew its hotter-than-normal coffee had caused hundreds of other burn injuries.
After the trial, one juror remarked that he was struck by the company's "callous disregard for the safety of the people." Another juror said, "The facts were so overwhelmingly against the company. They were not taking care of their customers."
Just these few true facts about the case most often cited by tort "reformers" as evidence of the "problem" of frivolous lawsuits should be enough to give folks such as Mr. Foutz and Thomas Mitchell pause. At least we know that Mr. Foutz' ignorance results from relying upon "a quick check of the Internet" before perpetuating this myth. I wonder what Mr. Mitchell's excuse is?
jeffrey galliher
LAS VEGAS
Economic illiteracy
To the editor:
At least UNLV professor Darren Denenberg was honest enough to admit he couldn't see the seemingly twisted logic of a smoking ban that shutters the clean, well-lit restaurant and lets the dark, smoky operation continue to profit (Review-Journal, Saturday). Unfortunately, he shares an economic illiteracy that affects even the highest-level officials and legislators, who apparently can never come to grips with the unintended consequences of legislating the free market.
In its simplest terms, the key is profit. Smokers for the Henderson establishment are more profitable than eaters; therefore, the smokers gain (and the business profits) while the eaters find somewhere else to eat (and the business cuts its eating losses).
The same could be said for skilled versus unskilled workers as the minimum wage rises, but that is another story.
The sad truth is that people who have little or no understanding of the power of profit and free markets are given reign over them. Under the guise of do-gooding and populism, they forge ahead to ultimately douse the engine of business and job creation -- to the detriment of everyone.
And that includes the voters who cast ballots for this wrong-headed initiative.
Michael Horvath
LAS VEGAS
Jet plane
To the editor:
Re: Harry Reid's corporate travel as reported in the Jan. 17 Review-Journal:
So Sen. Reid has accepted more private jet flights than all but six of the 535 U.S. lawmakers. But according to him, "I have confidence that I have never been influenced by anyone who provides me with the courtesy of an airplane ride." Sure glad he cleared that up!
Why does he think they are offering him a free ride on a corporate jet? Apparently out of the goodness of their hearts. Funny, no one has offered me or anyone I know a free flight lately. Does not Sen. Reid also accept Abramoff client donations, make land deals, accept free fight tickets, and seem to forget certain U.S. Senate disclosure laws?
What was the name of that guy again who is always talking about the Republican "Culture of Corruption"?
B. Darling
HENDERSON
Remembering Art
To the editor:
Art Buchwald and I were among the thousands of ex-GIs who poured into the University of Southern California at the end of World War II. I knew him when he'd stroll around his dorm in his green Marine underwear.
He was editor of The Wampus, USC's humor magazine. I was a contributing writer and cartoonist. (David Wolper was the business manager.)
Mr. Buchwald was known by virtually everyone on campus. He wrote and produced a musical comedy drawn from his Marine experience in the Pacific. Title: "No-Love Atoll."
When in 1948 he decided to drop out of school and move to Paris, I tried to dissuade him. "But Art," I said, "if you don't get your diploma, what will become of you?"
