desertdog71
Silver Member
How does the extent of her injuries have anything to do with the resulting lawsuit and ridiculousness of putting a warning label on coffee cups? It was an accident and unfortunate and was taken way too far.
Jury orders John Deere to pay $5 million for Stillwater man's tractor death
- Thread starter TractorGuy
- Start date
- Views: 27151
MossRoad
Super Moderator
- Joined
- Aug 31, 2001
- Messages
- 58,084
- Location
- South Bend, Indiana (near)
- Tractor
- Power Trac PT425 2001 Model Year
Read the second link posted with more to the story.
"The Defendant maintains that the Deere Model 3038E compact utility tractor with front loader and box blade was not defective or unreasonably dangerous in either design or manufacture and the incident result in a 1 and 1/4 (5/4) rollover and that Mr. Beall's ejection and subsequent death were the result of not using the seatbelt that is part of the roll-over protection system."
Deere maintains that the guy that died was ejected because he wasn't using the seat belt.
aczlan
Good Morning
- Joined
- Mar 7, 2008
- Messages
- 16,985
- Tractor
- Kubota L3830GST, B7500HST, BX2660. Formerly: Case 480F LL, David Brown 880UE
One of the follow-up links did, it specifically said that the seat belt was not used. It did not say if the ROPS was up or down, but it did list the model of the box blade and he had half the recommended weight based on the listed weight in the manual.
It did say that the tractor rolled over 1.25 or 1.5 times, so my guess would be ROPS down, no seat belt, operator tried to jump free and didn't make it clear.
IIRC, there were numerous complaints for that store having had their coffee too hot and it was significantly hotter than the industry standard. the lady had initially sued for just her medical expenses, then the company stonewalled and threw such a fit that the jury gave her a whole lot more as punitive damages.
Aaron Z
MossRoad
Super Moderator
- Joined
- Aug 31, 2001
- Messages
- 58,084
- Location
- South Bend, Indiana (near)
- Tractor
- Power Trac PT425 2001 Model Year
I didn't see anywhere that said it was a fact that the guy wasn't wearing the seat belt. I only saw where Deere says he wasn't wearing a seat belt.
I did read that both parties agreed the tractor rolled 5/4, so that's 1.25 rollover.
I did read that both parties agreed the tractor rolled 5/4, so that's 1.25 rollover.
dragoneggs
Super Star Member
- Joined
- Jun 9, 2013
- Messages
- 13,627
- Location
- Seabeck, Washington
- Tractor
- Kubota BX-25D, Kubota Z122RKW-42
Ha ha... yeah if this isn't a typo I will have to call BS as well. I've gotten 80K on some Toyo tires (30years ago) that still had decent tread on them. I never did buy that brand again but probably should have base on that experience.
MHarryE
Elite Member
- Joined
- Feb 15, 2009
- Messages
- 2,970
- Location
- Northeastern Minnesota
- Tractor
- Kubota M7-171, M5-111, SVL75-2, RTV900XT & GR2120; CaseIH 1680 combine
Person may say they would never sue but they’re dead. Family and insurance company sues. Relatives you never knew you had find your obituary and sue.
ruffdog
Super Star Member
- Joined
- Dec 31, 2011
- Messages
- 10,685
- Location
- southern wisconsin
- Tractor
- Bobcat Toolcat 5610G, Deere X744, Cub Cadet IH 982
"too far"? she never recovered from the injuries and she was treated in a burn unit. A warning label is taking it too far....?:confused3:
Industrial Toys
Super Star Member
- Joined
- Feb 25, 2008
- Messages
- 16,742
- Location
- Ontario Canada
- Tractor
- Kubota R510 Wheel Loader + Cab and backhoe, JD 6200 Open Station, Cushman 6150, 4x4, ten foot 56 hp Kubota diesel hydraulic wing mower, Steiner 430 Diesel Max, Kawasaki Diesel Mule, JD 4x2 Electric Gator
I need to interogate my father the next time I speak with him for the details. I bet I'm not far off even though it was a wild guess and nice even number. If I BS it's not intentional.
MossRoad
Super Moderator
- Joined
- Aug 31, 2001
- Messages
- 58,084
- Location
- South Bend, Indiana (near)
- Tractor
- Power Trac PT425 2001 Model Year
Read the wiki article on the McDonald's burn lawsuit.
There's a bunch of stuff in there that most of you have never read.
Like the part where the woman initially offered to settle the case for her medical bills, and lost wages for her daughter that took care of her after the incident. That was $20,000. McDonald's countered with $800 (yes, eight hundred). She refused and got a lawyer.
She was 79 years old, had the coffee between her knees in the passenger seat, opened the lid towards herself to add cream and sugar, and the cup tipped into her crotch. She was wearing sweat pants, which soaked it up and held it against her skin. The coffee was 180-190 degrees per McDonald's practice. At 190 degrees, it can cause 3rd degree burns in 3 seconds. At 180, about 12 seconds for 3rd degree burns. So, the old lady had between 3 and 12 seconds to get her pants off before 3rd degree burns set in on her thighs and crotch area.
Lot's of interesting reading, like the hundreds of other burn claims agains McDonalds before this incident.
And, the parties settled out of court for an amount of less than $600,000.
Anyhow, read it. It's quite interesting.
Liebeck v. McDonald's Restaurants - Wikipedia
There's a bunch of stuff in there that most of you have never read.
Like the part where the woman initially offered to settle the case for her medical bills, and lost wages for her daughter that took care of her after the incident. That was $20,000. McDonald's countered with $800 (yes, eight hundred). She refused and got a lawyer.
She was 79 years old, had the coffee between her knees in the passenger seat, opened the lid towards herself to add cream and sugar, and the cup tipped into her crotch. She was wearing sweat pants, which soaked it up and held it against her skin. The coffee was 180-190 degrees per McDonald's practice. At 190 degrees, it can cause 3rd degree burns in 3 seconds. At 180, about 12 seconds for 3rd degree burns. So, the old lady had between 3 and 12 seconds to get her pants off before 3rd degree burns set in on her thighs and crotch area.
Lot's of interesting reading, like the hundreds of other burn claims agains McDonalds before this incident.
And, the parties settled out of court for an amount of less than $600,000.
Anyhow, read it. It's quite interesting.
Liebeck v. McDonald's Restaurants - Wikipedia
MossRoad
Super Moderator
- Joined
- Aug 31, 2001
- Messages
- 58,084
- Location
- South Bend, Indiana (near)
- Tractor
- Power Trac PT425 2001 Model Year
That "chick" was 79 years old when it happened. She required 8 days in the hospital, skin grafts, and was disabled for 2 years. She had 3rd degree burns on 6% of her body, and lesser burns on another 16% of her body.
Liebeck v. McDonald's Restaurants - Wikipedia
