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	<title>Comments on: A woman is suing the Phillie Phanatic</title>
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	<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/</link>
	<description>Baseball. Baseball. And then a bit more baseball.</description>
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	<item>
		<title>By: flyspe</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-315666</link>
		<dc:creator><![CDATA[flyspe]]></dc:creator>
		<pubDate>Thu, 14 Jun 2012 19:12:47 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-315666</guid>
		<description><![CDATA[Both were there trying to get it in.  She was probably a grenade, so the Phanatic chucked her in the pool.  Once in the pool she exploded, as most grenades do when thrown.]]></description>
		<content:encoded><![CDATA[<p>Both were there trying to get it in.  She was probably a grenade, so the Phanatic chucked her in the pool.  Once in the pool she exploded, as most grenades do when thrown.</p>
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	<item>
		<title>By: anxovies</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-2/#comment-314874</link>
		<dc:creator><![CDATA[anxovies]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 15:52:19 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314874</guid>
		<description><![CDATA[&quot;Her lawyer mentions that she’s a Phillies fan, but after reading the stuff about &#039;humiliation and loss of life’s pleasures,&#039; I figured that went without saying.&quot;  Awww... Craig.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Her lawyer mentions that she’s a Phillies fan, but after reading the stuff about &#8216;humiliation and loss of life’s pleasures,&#8217; I figured that went without saying.&#8221;  Awww&#8230; Craig.</p>
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	<item>
		<title>By: anxovies</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314872</link>
		<dc:creator><![CDATA[anxovies]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 15:50:37 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314872</guid>
		<description><![CDATA[Now, that&#039;s a real fan.]]></description>
		<content:encoded><![CDATA[<p>Now, that&#8217;s a real fan.</p>
]]></content:encoded>
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	<item>
		<title>By: anxovies</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314868</link>
		<dc:creator><![CDATA[anxovies]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 15:46:19 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314868</guid>
		<description><![CDATA[The McDonald&#039;s case happened here in New Mexico.  The judge was Robert Scott, now a federal magistrate, who was known for favoring the defense.  He reduced the jury verdict of $2.7 million to $480,000 (3 times the actual damages including meds) for a total award of $640K.  Both parties appealed and settled during the appeal.  I heard that the settlement was for around $400K.  The lady was burned very badly and had permanent scarring on her thighs.  I had a very similar case involving a cafeteria and hot water for tea a couple of years before.  At the time it didn&#039;t seem like such a great case and we settled for a fraction of the $640K in the McDonald&#039;s case.  If only.]]></description>
		<content:encoded><![CDATA[<p>The McDonald&#8217;s case happened here in New Mexico.  The judge was Robert Scott, now a federal magistrate, who was known for favoring the defense.  He reduced the jury verdict of $2.7 million to $480,000 (3 times the actual damages including meds) for a total award of $640K.  Both parties appealed and settled during the appeal.  I heard that the settlement was for around $400K.  The lady was burned very badly and had permanent scarring on her thighs.  I had a very similar case involving a cafeteria and hot water for tea a couple of years before.  At the time it didn&#8217;t seem like such a great case and we settled for a fraction of the $640K in the McDonald&#8217;s case.  If only.</p>
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		<title>By: jrd8523</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-2/#comment-314663</link>
		<dc:creator><![CDATA[jrd8523]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 06:15:33 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314663</guid>
		<description><![CDATA[Despite making up a detailed narrative based on your imagination of what could have happened, you don&#039;t know what happened.  You&#039;re using &quot;common sense&quot; to look into your crystal ball and deny this woman&#039;s claim.  Because its not possible to get injured at a big gathering without everybody noticing, since you&#039;ve already determined their isn&#039;t a witness.

From what I can tell your common sense is that if it sounds ridiculous, it is ridiculous.]]></description>
		<content:encoded><![CDATA[<p>Despite making up a detailed narrative based on your imagination of what could have happened, you don&#8217;t know what happened.  You&#8217;re using &#8220;common sense&#8221; to look into your crystal ball and deny this woman&#8217;s claim.  Because its not possible to get injured at a big gathering without everybody noticing, since you&#8217;ve already determined their isn&#8217;t a witness.</p>
<p>From what I can tell your common sense is that if it sounds ridiculous, it is ridiculous.</p>
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		<title>By: ningenito78</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-2/#comment-314657</link>
		<dc:creator><![CDATA[ningenito78]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 05:23:09 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314657</guid>
		<description><![CDATA[Wrong. If you are going to sue for &#039;punitive damages&#039; then a majority of people should not find it silly. Then you wouldnt have the outcry you have here  The fact is, and you know it, the mascot was led to believe that whatever stunt/pranks he was pulling was ok and, for whatever reason, that person didn&#039;t have whatever their desired outcome was and either decided or allowed someone to convince them that what happened should be now an incident that deserves money for &#039;injury&#039;. At the expense of not turning into deathmonkey here I&#039;m just going to say that you&#039;re typical of someone that just for whatever reason can&#039;t use common sense. You&#039;re part of the problem. If you honestly think that something happened that was so egregious it caused the claimed injuries and was committed in a way that your &#039;hold on everybody&#039; mind allows, and it took a (most likely, widely viewed as frivolous, which is the reason this became a story. &#039;Not laughing with you, laughing at you&#039; sort of way), then it&#039;s not worth debating with you. In the age of YouTube, Twitter, Facebook, etc the fact that any incident including the Phillie Phanatic and an event bad enough to cause perceived civil liability, you may want to use some common sense.]]></description>
		<content:encoded><![CDATA[<p>Wrong. If you are going to sue for &#8216;punitive damages&#8217; then a majority of people should not find it silly. Then you wouldnt have the outcry you have here  The fact is, and you know it, the mascot was led to believe that whatever stunt/pranks he was pulling was ok and, for whatever reason, that person didn&#8217;t have whatever their desired outcome was and either decided or allowed someone to convince them that what happened should be now an incident that deserves money for &#8216;injury&#8217;. At the expense of not turning into deathmonkey here I&#8217;m just going to say that you&#8217;re typical of someone that just for whatever reason can&#8217;t use common sense. You&#8217;re part of the problem. If you honestly think that something happened that was so egregious it caused the claimed injuries and was committed in a way that your &#8216;hold on everybody&#8217; mind allows, and it took a (most likely, widely viewed as frivolous, which is the reason this became a story. &#8216;Not laughing with you, laughing at you&#8217; sort of way), then it&#8217;s not worth debating with you. In the age of YouTube, Twitter, Facebook, etc the fact that any incident including the Phillie Phanatic and an event bad enough to cause perceived civil liability, you may want to use some common sense.</p>
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		<title>By: fearlessleader</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-2/#comment-314654</link>
		<dc:creator><![CDATA[fearlessleader]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 05:03:11 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314654</guid>
		<description><![CDATA[Actually, ningenito78, this very comment thread is a great reminder that sometimes what&#039;s traumatizing and injurious to one person is hilarious and ridiculous to others.

No one&#039;s suggesting that he was trying to kill her; don&#039;t be silly.]]></description>
		<content:encoded><![CDATA[<p>Actually, ningenito78, this very comment thread is a great reminder that sometimes what&#8217;s traumatizing and injurious to one person is hilarious and ridiculous to others.</p>
<p>No one&#8217;s suggesting that he was trying to kill her; don&#8217;t be silly.</p>
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		<title>By: ningenito78</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-2/#comment-314643</link>
		<dc:creator><![CDATA[ningenito78]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 04:25:32 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314643</guid>
		<description><![CDATA[Fearlessleader- a guy in a giant green alien thing suit that threw a woman in a pool at an event with lots of people, doesn&#039;t your common sense at all take over that maybe, just maybe if the freakin Phillie Phanatic maliciously assaulted a woman and basically attempted to kill her in front of , again, a BUNCH of people, we needed a lawsuit notice for us to first hear of this?  Can you get a grip or what? Something tells me we would have had a news report on the Phillie Phanatic committing attempted murder at a charity event or whatever it was  As for deathmonkey: you seriously spent a significant portion of a day in your life on a sports website message board to debate somebody on a stupid case about a senior citizen spilling coffee on her lap? Is this place bizarro world all of the sudden?]]></description>
		<content:encoded><![CDATA[<p>Fearlessleader- a guy in a giant green alien thing suit that threw a woman in a pool at an event with lots of people, doesn&#8217;t your common sense at all take over that maybe, just maybe if the freakin Phillie Phanatic maliciously assaulted a woman and basically attempted to kill her in front of , again, a BUNCH of people, we needed a lawsuit notice for us to first hear of this?  Can you get a grip or what? Something tells me we would have had a news report on the Phillie Phanatic committing attempted murder at a charity event or whatever it was  As for deathmonkey: you seriously spent a significant portion of a day in your life on a sports website message board to debate somebody on a stupid case about a senior citizen spilling coffee on her lap? Is this place bizarro world all of the sudden?</p>
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		<title>By: schmedley69</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-2/#comment-314619</link>
		<dc:creator><![CDATA[schmedley69]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 01:37:04 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314619</guid>
		<description><![CDATA[I grew up in Baltimore, and when I was a kid the Oriole Bird threw me into a pool with my clothes on at my Great Uncle&#039;s retirement party, ruining my brand new pair of canvas Nike&#039;s. I later found out that my Father told him to do it, but just the same, I still hate that friggin bird.]]></description>
		<content:encoded><![CDATA[<p>I grew up in Baltimore, and when I was a kid the Oriole Bird threw me into a pool with my clothes on at my Great Uncle&#8217;s retirement party, ruining my brand new pair of canvas Nike&#8217;s. I later found out that my Father told him to do it, but just the same, I still hate that friggin bird.</p>
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		<title>By: deathmonkey41</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314608</link>
		<dc:creator><![CDATA[deathmonkey41]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 00:29:29 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314608</guid>
		<description><![CDATA[Similar lawsuits against McDonald&#039;s in the United Kingdom failed. In Bogle v. McDonald’s Restaurants Ltd., Field, J. rejected the claim that McDonald&#039;s could have avoided injury by serving coffee at a lower temperature.

&quot;If this submission be right, McDonald&#039;s should not have served drinks at any temperature which would have caused a bad scalding injury. The evidence is that tea or coffee served at a temperature of 65 °C will cause a deep thickness burn if it is in contact with the skin for just two seconds. Thus, if McDonald’s were going to avoid the risk of injury by a deep thickness burn they would have had to have served tea and coffee at between 55 °C and 60 °C. But tea ought to be brewed with boiling water if it is to give its best flavour and coffee ought to be brewed at between 85 °C and 95 °C. Further, people generally like to allow a hot drink to cool to the temperature they prefer. Accordingly, I have no doubt that tea and coffee served at between 55 °C and 60 °C would not have been acceptable to McDonald&#039;s customers. Indeed, on the evidence, I find that the public want to be able to buy tea and coffee served hot, that is to say at a temperature of at least 65 °C, even though they know (as I think they must be taken to do for the purposes of answering issues (1) and (2)) that there is a risk of a scalding injury if the drink is spilled.&quot;[17]

Other major vendors of coffee, including Starbucks, Dunkin&#039; Donuts, Wendy&#039;s and Burger King have been subjected to similar lawsuits over third-degree burns.

Liebeck&#039;s attorney, Reed Morgan, and the Association of Trial Lawyers of America defend the lawsuit by claiming that McDonald&#039;s reduced the temperature of their coffee after the suit. Morgan has since brought other lawsuits against McDonald&#039;s over hot-coffee burns.[21] McDonald&#039;s policy today is to serve coffee between 80–90 °C (176–194 °F),[22] relying on more sternly-worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee.[22][23] The Specialty Coffee Association supports improved packaging methods rather than lowering the temperature at which coffee is served.[21] The association has successfully aided the defense of subsequent coffee burn cases.[24]

Judge Frank Easterbrook wrote a unanimous 7th Circuit Court of Appeals opinion affirming dismissal of a similar lawsuit against coffeemaker manufacturer Bunn-O-Matic. The opinion noted that hot coffee (179 °F (82 °C) in this case) is not &quot;unreasonably dangerous&quot;.

The smell (and therefore the taste) of coffee depends heavily on the oils containing aromatic compounds that are dissolved out of the beans during the brewing process. Brewing temperature should be close to 200 °F [93 °C] to dissolve them effectively, but without causing the premature breakdown of these delicate molecules. Coffee smells and tastes best when these aromatic compounds evaporate from the surface of the coffee as it is being drunk. Compounds vital to flavor have boiling points in the range of 150–160 °F [66–71 °C], and the beverage therefore tastes best when it is this hot and the aromatics vaporize as it is being drunk. For coffee to be 150 °F when imbibed, it must be hotter in the pot. Pouring a liquid increases its surface area and cools it; more heat is lost by contact with the cooler container; if the consumer adds cream and sugar (plus a metal spoon to stir them) the liquid&#039;s temperature falls again. If the consumer carries the container out for later consumption, the beverage cools still further

http://en.wikipedia.org/wiki/Liebeck_v._McDonald&#039;s_Restaurants]]></description>
		<content:encoded><![CDATA[<p>Similar lawsuits against McDonald&#8217;s in the United Kingdom failed. In Bogle v. McDonald’s Restaurants Ltd., Field, J. rejected the claim that McDonald&#8217;s could have avoided injury by serving coffee at a lower temperature.</p>
<p>&#8220;If this submission be right, McDonald&#8217;s should not have served drinks at any temperature which would have caused a bad scalding injury. The evidence is that tea or coffee served at a temperature of 65 °C will cause a deep thickness burn if it is in contact with the skin for just two seconds. Thus, if McDonald’s were going to avoid the risk of injury by a deep thickness burn they would have had to have served tea and coffee at between 55 °C and 60 °C. But tea ought to be brewed with boiling water if it is to give its best flavour and coffee ought to be brewed at between 85 °C and 95 °C. Further, people generally like to allow a hot drink to cool to the temperature they prefer. Accordingly, I have no doubt that tea and coffee served at between 55 °C and 60 °C would not have been acceptable to McDonald&#8217;s customers. Indeed, on the evidence, I find that the public want to be able to buy tea and coffee served hot, that is to say at a temperature of at least 65 °C, even though they know (as I think they must be taken to do for the purposes of answering issues (1) and (2)) that there is a risk of a scalding injury if the drink is spilled.&#8221;[17]</p>
<p>Other major vendors of coffee, including Starbucks, Dunkin&#8217; Donuts, Wendy&#8217;s and Burger King have been subjected to similar lawsuits over third-degree burns.</p>
<p>Liebeck&#8217;s attorney, Reed Morgan, and the Association of Trial Lawyers of America defend the lawsuit by claiming that McDonald&#8217;s reduced the temperature of their coffee after the suit. Morgan has since brought other lawsuits against McDonald&#8217;s over hot-coffee burns.[21] McDonald&#8217;s policy today is to serve coffee between 80–90 °C (176–194 °F),[22] relying on more sternly-worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee.[22][23] The Specialty Coffee Association supports improved packaging methods rather than lowering the temperature at which coffee is served.[21] The association has successfully aided the defense of subsequent coffee burn cases.[24]</p>
<p>Judge Frank Easterbrook wrote a unanimous 7th Circuit Court of Appeals opinion affirming dismissal of a similar lawsuit against coffeemaker manufacturer Bunn-O-Matic. The opinion noted that hot coffee (179 °F (82 °C) in this case) is not &#8220;unreasonably dangerous&#8221;.</p>
<p>The smell (and therefore the taste) of coffee depends heavily on the oils containing aromatic compounds that are dissolved out of the beans during the brewing process. Brewing temperature should be close to 200 °F [93 °C] to dissolve them effectively, but without causing the premature breakdown of these delicate molecules. Coffee smells and tastes best when these aromatic compounds evaporate from the surface of the coffee as it is being drunk. Compounds vital to flavor have boiling points in the range of 150–160 °F [66–71 °C], and the beverage therefore tastes best when it is this hot and the aromatics vaporize as it is being drunk. For coffee to be 150 °F when imbibed, it must be hotter in the pot. Pouring a liquid increases its surface area and cools it; more heat is lost by contact with the cooler container; if the consumer adds cream and sugar (plus a metal spoon to stir them) the liquid&#8217;s temperature falls again. If the consumer carries the container out for later consumption, the beverage cools still further</p>
<p><a href="http://en.wikipedia.org/wiki/Liebeck_v._McDonald&#039;s_Restaurants" rel="nofollow">http://en.wikipedia.org/wiki/Liebeck_v._McDonald&#039;s_Restaurants</a></p>
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		<title>By: chadjones27</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314604</link>
		<dc:creator><![CDATA[chadjones27]]></dc:creator>
		<pubDate>Wed, 13 Jun 2012 00:14:06 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314604</guid>
		<description><![CDATA[Craig, honest question here. I understand the woman was awarded the payment of medical bills. And good explanation of why the $400K was awarded. But why was the plaintiff awarded that much above medical payments? I&#039;m assuming that the money would have had to go somewhere (someone) since the courts can&#039;t just make them donate it. If that&#039;s the case, I guess the corporation wins (tax-write-off).
And for the record, I now can&#039;t use McDonald&#039;s coffee lady as the butt of silly lawsuit jokes.]]></description>
		<content:encoded><![CDATA[<p>Craig, honest question here. I understand the woman was awarded the payment of medical bills. And good explanation of why the $400K was awarded. But why was the plaintiff awarded that much above medical payments? I&#8217;m assuming that the money would have had to go somewhere (someone) since the courts can&#8217;t just make them donate it. If that&#8217;s the case, I guess the corporation wins (tax-write-off).<br />
And for the record, I now can&#8217;t use McDonald&#8217;s coffee lady as the butt of silly lawsuit jokes.</p>
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		<title>By: captainwisdom8888</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314599</link>
		<dc:creator><![CDATA[captainwisdom8888]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 23:54:41 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314599</guid>
		<description><![CDATA[sorry for the caps lock. The phillie fanatic is one of the best mascots in sports. Barring an imposter who power bombed this woman in a 2ft baby pool, this woman is full of sh**]]></description>
		<content:encoded><![CDATA[<p>sorry for the caps lock. The phillie fanatic is one of the best mascots in sports. Barring an imposter who power bombed this woman in a 2ft baby pool, this woman is full of sh**</p>
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		<title>By: captainwisdom8888</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314598</link>
		<dc:creator><![CDATA[captainwisdom8888]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 23:49:29 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314598</guid>
		<description><![CDATA[EVERYONE IS SUE-HAPPY THESE DAYS. HERES SOME WORDS OF WISDOM. GET A JOB. SUPPORT YOURSELF AND STOP LOOKING FOR A FREE HANDOUT. WEAK ASS NONSENSE]]></description>
		<content:encoded><![CDATA[<p>EVERYONE IS SUE-HAPPY THESE DAYS. HERES SOME WORDS OF WISDOM. GET A JOB. SUPPORT YOURSELF AND STOP LOOKING FOR A FREE HANDOUT. WEAK ASS NONSENSE</p>
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		<title>By: larryhockett</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314564</link>
		<dc:creator><![CDATA[larryhockett]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 22:38:05 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314564</guid>
		<description><![CDATA[What an amazing talent we all have for knowing the full details of this (and every other case) without having to, you know, actually know the full facts.  Justice is so much simpler to administer when we allow a paragraph to tell the whole story and then decide.  Mobs haven&#039;t advanced much in the past several millennia, as demonstrated day in and day out on Internet forums everywhere.]]></description>
		<content:encoded><![CDATA[<p>What an amazing talent we all have for knowing the full details of this (and every other case) without having to, you know, actually know the full facts.  Justice is so much simpler to administer when we allow a paragraph to tell the whole story and then decide.  Mobs haven&#8217;t advanced much in the past several millennia, as demonstrated day in and day out on Internet forums everywhere.</p>
]]></content:encoded>
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		<title>By: fearlessleader</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314549</link>
		<dc:creator><![CDATA[fearlessleader]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 22:23:54 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314549</guid>
		<description><![CDATA[Ha! Ha! Ha! Because eating cookies and being assaulted are totally the same thing! Hilarious!]]></description>
		<content:encoded><![CDATA[<p>Ha! Ha! Ha! Because eating cookies and being assaulted are totally the same thing! Hilarious!</p>
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		<title>By: fearlessleader</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314546</link>
		<dc:creator><![CDATA[fearlessleader]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 22:20:44 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314546</guid>
		<description><![CDATA[Interesting that no one has anything to say about the common sense or decency of the guy in the Phanatic costume, who, if this story is even a little bit true, was stupid and offensive enough to throw a woman into a pool against her will.

None of us knows the facts here, but how refreshing that the HBT jury has already decided that the purported victim is a skanky liar.]]></description>
		<content:encoded><![CDATA[<p>Interesting that no one has anything to say about the common sense or decency of the guy in the Phanatic costume, who, if this story is even a little bit true, was stupid and offensive enough to throw a woman into a pool against her will.</p>
<p>None of us knows the facts here, but how refreshing that the HBT jury has already decided that the purported victim is a skanky liar.</p>
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		<title>By: fearlessleader</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314542</link>
		<dc:creator><![CDATA[fearlessleader]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 22:15:14 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314542</guid>
		<description><![CDATA[Odd how many people here are quick to dismiss her story as a lie and a cash-grab. Speaking as a small woman who&#039;s had things like this happen to me---when someone approaches you without warning, overpowers you, and does things to/with your body without your permission, it&#039;s terrifying, potentially dangerous, and emphatically not okay.

We can bemoan the litigiousness of 2012 America without denying that this woman might have gone through something pretty deeply upsetting.]]></description>
		<content:encoded><![CDATA[<p>Odd how many people here are quick to dismiss her story as a lie and a cash-grab. Speaking as a small woman who&#8217;s had things like this happen to me&#8212;when someone approaches you without warning, overpowers you, and does things to/with your body without your permission, it&#8217;s terrifying, potentially dangerous, and emphatically not okay.</p>
<p>We can bemoan the litigiousness of 2012 America without denying that this woman might have gone through something pretty deeply upsetting.</p>
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		<title>By: chadjones27</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314530</link>
		<dc:creator><![CDATA[chadjones27]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 22:02:01 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314530</guid>
		<description><![CDATA[I may be twice the age of someone who should know this, but, cnbweb, shouldn&#039;t it be PWN3D?]]></description>
		<content:encoded><![CDATA[<p>I may be twice the age of someone who should know this, but, cnbweb, shouldn&#8217;t it be PWN3D?</p>
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		<title>By: Craig Calcaterra</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314529</link>
		<dc:creator><![CDATA[Craig Calcaterra]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 22:01:47 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314529</guid>
		<description><![CDATA[Punitive damages are meant to punish. Punishment is aimed at the transgressor. In this case McDonalds was found to be the transgressor. McDonalds is one of the largest corporations on the planet and to them $400K is minuscule to the point of utter insignificance. 

Even lower than that? At some point, because the coffee temperature was a financial consideration (could make coffee less often and sell more of it at 200 than 140), that a lower damages award creates and incentive to continue to make it at 200 degrees.  What if they make $100K by selling 200 degree coffee?  Hmm ... maybe a $50K damages award is worth the risk ...

The point here is that the $400K was not to make the plaintiff whole. That&#039;s what the medical bills award was for, so there is no need for the punitive damages award to bear a relationship to her behavior at all. It should be solely calculated to punish and deter McDonalds. Which, in this case, it did.]]></description>
		<content:encoded><![CDATA[<p>Punitive damages are meant to punish. Punishment is aimed at the transgressor. In this case McDonalds was found to be the transgressor. McDonalds is one of the largest corporations on the planet and to them $400K is minuscule to the point of utter insignificance. </p>
<p>Even lower than that? At some point, because the coffee temperature was a financial consideration (could make coffee less often and sell more of it at 200 than 140), that a lower damages award creates and incentive to continue to make it at 200 degrees.  What if they make $100K by selling 200 degree coffee?  Hmm &#8230; maybe a $50K damages award is worth the risk &#8230;</p>
<p>The point here is that the $400K was not to make the plaintiff whole. That&#8217;s what the medical bills award was for, so there is no need for the punitive damages award to bear a relationship to her behavior at all. It should be solely calculated to punish and deter McDonalds. Which, in this case, it did.</p>
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		<title>By: umrguy42</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314528</link>
		<dc:creator><![CDATA[umrguy42]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:59:29 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314528</guid>
		<description><![CDATA[Gone long, long before?]]></description>
		<content:encoded><![CDATA[<p>Gone long, long before?</p>
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		<title>By: umrguy42</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314526</link>
		<dc:creator><![CDATA[umrguy42]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:57:32 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314526</guid>
		<description><![CDATA[Wasn&#039;t the coffee also in the wrong cup? I worked for 5 years at a McDonald&#039;s, and if it was in the wrong cup, AND 200 degrees - you&#039;d think she&#039;d&#039;ve stopped at the heat seeping through the cup. Gotta be honest, I&#039;m with deathmonkey - yes, the McDonald&#039;s was at some fault, but... wtf are you doing with hot coffee in your LAP? The cups are flimsy even when they&#039;re the right ones...]]></description>
		<content:encoded><![CDATA[<p>Wasn&#8217;t the coffee also in the wrong cup? I worked for 5 years at a McDonald&#8217;s, and if it was in the wrong cup, AND 200 degrees &#8211; you&#8217;d think she&#8217;d've stopped at the heat seeping through the cup. Gotta be honest, I&#8217;m with deathmonkey &#8211; yes, the McDonald&#8217;s was at some fault, but&#8230; wtf are you doing with hot coffee in your LAP? The cups are flimsy even when they&#8217;re the right ones&#8230;</p>
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		<title>By: localbandhero</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314523</link>
		<dc:creator><![CDATA[localbandhero]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:52:05 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314523</guid>
		<description><![CDATA[She also originally asked for $20,000. That&#039;s it. 

The jury jacked it up, and then it got knocked down because it was decided she was 20% at fault. That&#039;s how civil cases work, as opposed to criminal. Criminal requires &quot;Unreasonable doubt.&quot; With Civil cases, it&#039;s a Preponderance of the Evidence...meaning who was more at fault.]]></description>
		<content:encoded><![CDATA[<p>She also originally asked for $20,000. That&#8217;s it. </p>
<p>The jury jacked it up, and then it got knocked down because it was decided she was 20% at fault. That&#8217;s how civil cases work, as opposed to criminal. Criminal requires &#8220;Unreasonable doubt.&#8221; With Civil cases, it&#8217;s a Preponderance of the Evidence&#8230;meaning who was more at fault.</p>
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		<title>By: deathmonkey41</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314521</link>
		<dc:creator><![CDATA[deathmonkey41]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:51:19 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314521</guid>
		<description><![CDATA[I said I had no problem with forcing McDonald&#039;s to pay the medical bills and I&#039;m not even opposed punitive damages in the case.  The amount of punitive damages was excessive- even after the judge reduced it.  Had a McDonald&#039;s employee spilled it on her or had the cup been poorly constructed and fell apart while she was carrying or drinking it, that&#039;s a different story.  I could see her being awarded that $400K, but no matter how you slice it, she spilled the coffee on herself because she was negligent.]]></description>
		<content:encoded><![CDATA[<p>I said I had no problem with forcing McDonald&#8217;s to pay the medical bills and I&#8217;m not even opposed punitive damages in the case.  The amount of punitive damages was excessive- even after the judge reduced it.  Had a McDonald&#8217;s employee spilled it on her or had the cup been poorly constructed and fell apart while she was carrying or drinking it, that&#8217;s a different story.  I could see her being awarded that $400K, but no matter how you slice it, she spilled the coffee on herself because she was negligent.</p>
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		<title>By: ningenito78</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314512</link>
		<dc:creator><![CDATA[ningenito78]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:41:21 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314512</guid>
		<description><![CDATA[Ever get coffee at Dunkin Donuts? Pretty sure that would burn my nuts off if it spilled on my lap. Message not received.]]></description>
		<content:encoded><![CDATA[<p>Ever get coffee at Dunkin Donuts? Pretty sure that would burn my nuts off if it spilled on my lap. Message not received.</p>
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		<title>By: Craig Calcaterra</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314510</link>
		<dc:creator><![CDATA[Craig Calcaterra]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:40:27 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314510</guid>
		<description><![CDATA[So you think it&#039;s bad when someone is cognizant of a risk yet still persists in the dangerous behavior?

Good. Because that&#039;s exactly what the jury found McDonalds to have done.  It was established as a legal fact that 200 degree coffee was inherently dangerous. It was established that McDonalds knew this to be the case beforehand. It was established that they willingly disregarded the risk and did it anyway because they had financial reasons to do so. Then that decision contributed to an 80 year old woman getting third degree burns and needing skin grafts.

Now, if the woman is to be lambasted for ignoring a risk, why shouldn&#039;t McDonalds?]]></description>
		<content:encoded><![CDATA[<p>So you think it&#8217;s bad when someone is cognizant of a risk yet still persists in the dangerous behavior?</p>
<p>Good. Because that&#8217;s exactly what the jury found McDonalds to have done.  It was established as a legal fact that 200 degree coffee was inherently dangerous. It was established that McDonalds knew this to be the case beforehand. It was established that they willingly disregarded the risk and did it anyway because they had financial reasons to do so. Then that decision contributed to an 80 year old woman getting third degree burns and needing skin grafts.</p>
<p>Now, if the woman is to be lambasted for ignoring a risk, why shouldn&#8217;t McDonalds?</p>
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		<title>By: deathmonkey41</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314507</link>
		<dc:creator><![CDATA[deathmonkey41]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:36:22 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314507</guid>
		<description><![CDATA[I get coffee from WaWa every morning.  I&#039;m sure it&#039;s under the scalding temperature (especially after the McDonald&#039;s lawsuit) and I still can&#039;t hold the cup without a sleeve. There is no way that cup goes between my legs (parked or driving) because I have enough common sense to know I don&#039;t want hot liquid near my skin.  If her coffee was at almost 200 degrees, she must have felt that it was incredibly hot through the cardboard cup, but still decided to stick it between her knees and remove the lid.  I see that they deducted $40K from her lawsuit for her own neglience and I really don&#039;t have a problem with forcing McDonalds to pay the medical bills, but the punitive damages rewarded were ridiculous and apparently a judge agreed with me because he knocked it down to $400K, which is still ridiculous to reward someone for acting in a careless manner.]]></description>
		<content:encoded><![CDATA[<p>I get coffee from WaWa every morning.  I&#8217;m sure it&#8217;s under the scalding temperature (especially after the McDonald&#8217;s lawsuit) and I still can&#8217;t hold the cup without a sleeve. There is no way that cup goes between my legs (parked or driving) because I have enough common sense to know I don&#8217;t want hot liquid near my skin.  If her coffee was at almost 200 degrees, she must have felt that it was incredibly hot through the cardboard cup, but still decided to stick it between her knees and remove the lid.  I see that they deducted $40K from her lawsuit for her own neglience and I really don&#8217;t have a problem with forcing McDonalds to pay the medical bills, but the punitive damages rewarded were ridiculous and apparently a judge agreed with me because he knocked it down to $400K, which is still ridiculous to reward someone for acting in a careless manner.</p>
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		<title>By: localbandhero</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314501</link>
		<dc:creator><![CDATA[localbandhero]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:28:26 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314501</guid>
		<description><![CDATA[Again...read the information of the suit.

She was not driving. She was in the passenger seat of the vehicle. Also, the vehicle was parked when the incident occurred. 

So much misinformation out there about this case, and so many people like jumping on it when they know none of the details.]]></description>
		<content:encoded><![CDATA[<p>Again&#8230;read the information of the suit.</p>
<p>She was not driving. She was in the passenger seat of the vehicle. Also, the vehicle was parked when the incident occurred. </p>
<p>So much misinformation out there about this case, and so many people like jumping on it when they know none of the details.</p>
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		<title>By: deathmonkey41</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314494</link>
		<dc:creator><![CDATA[deathmonkey41]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:17:56 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314494</guid>
		<description><![CDATA[The woman used very little common sense and was successful in blaming someone else for it.  I don&#039;t care if it&#039;s 140 or 200 degrees- I wouldn&#039;t put it between my legs while I&#039;m driving, but hey, that&#039;s just me.]]></description>
		<content:encoded><![CDATA[<p>The woman used very little common sense and was successful in blaming someone else for it.  I don&#8217;t care if it&#8217;s 140 or 200 degrees- I wouldn&#8217;t put it between my legs while I&#8217;m driving, but hey, that&#8217;s just me.</p>
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		<title>By: gammagammahey</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314491</link>
		<dc:creator><![CDATA[gammagammahey]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:12:35 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314491</guid>
		<description><![CDATA[Saying that she was holding the coffee between her legs while driving demonstrates that you haven&#039;t read any of the actual facts of the case. She wasn&#039;t driving, she was in the passenger seat and the car was parked. If the coffee had been at a reasonable temperature, she would have had time to be able to avoid getting burned.]]></description>
		<content:encoded><![CDATA[<p>Saying that she was holding the coffee between her legs while driving demonstrates that you haven&#8217;t read any of the actual facts of the case. She wasn&#8217;t driving, she was in the passenger seat and the car was parked. If the coffee had been at a reasonable temperature, she would have had time to be able to avoid getting burned.</p>
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		<title>By: Craig Calcaterra</title>
		<link>http://hardballtalk.nbcsports.com/2012/06/12/a-woman-is-suing-the-phillie-phanatic/comment-page-1/#comment-314483</link>
		<dc:creator><![CDATA[Craig Calcaterra]]></dc:creator>
		<pubDate>Tue, 12 Jun 2012 21:02:11 +0000</pubDate>
		<guid isPermaLink="false">http://hardballtalk.nbcsports.com/?p=162231#comment-314483</guid>
		<description><![CDATA[No, she wouldn&#039;t have. If you read the relevant information -- of which was present at trial, testified to by scientific experts -- a 2-3 second exposure to 200 degree coffee can cause 3rd degree burns. Even extended exposure to 140 degree coffee does nothing of the sort.

You would be wise to let your kneejerk assumptions here go and educate yourself.]]></description>
		<content:encoded><![CDATA[<p>No, she wouldn&#8217;t have. If you read the relevant information &#8212; of which was present at trial, testified to by scientific experts &#8212; a 2-3 second exposure to 200 degree coffee can cause 3rd degree burns. Even extended exposure to 140 degree coffee does nothing of the sort.</p>
<p>You would be wise to let your kneejerk assumptions here go and educate yourself.</p>
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