MacDonalds Sued..... Yet Again. When Will People Cop On?

Kintarō Hattori

Here we go again, the latest lawsuit against McDonalds. First they were sued for making people obese, then they were sued for their coffee being too hot and somewhere along the line they were sued for having wet floors. Now they are being used because some idiot lost his phone which had naked images of his wife on it.

Let me state I'm not a major McDonalds fan, I'd eat there once every several months, I just find this compo culture that America has (and which is now finding its way into Ireland) extremely annoying as it eventually makes life more difficult for us all. Combined with some serious lack of common sense, what the hell did he expect.

http://news.bbc.co.uk/2/hi/americas/7744345.stm

A US couple is suing McDonald's for $3m (£2m) after nude photos of the woman, which were on her husband's mobile phone, ended up on the internet.

Phillip Sherman says he accidentally left his phone, with the photos, at a McDonald's in Fayetteville, Arkansas.

He says staff promised to secure the phone until he could retrieve it.

The Shermans claim they had to move to a new home after the woman's name, address, and phone number appeared online along with the photos.

Tina Sherman says she began receiving offensive calls and text messages about the pictures from her husband's mobile phone after he left it at the McDonald's on 5 July.

The couple then discovered that the nude pictures she had sent to her husband's phone had been posted online.

The Shermans are suing McDonald's Corporation, the owner of the franchise involved and the restaurant's manager, saying they have suffered emotional distress, embarrassment and damage to their reputations.

They also allege loss of earnings and want to recover the cost of moving to a new home.

McDonald's Corp, the franchise owner and the manager have so far refused to comment on the case.

The nude pictures have been removed from the website that had posted them.

AnonoBoy

I suppose he expected that if the staff in the branch said they had his phone and would keep it for him then they wouldn't go through the phone take pictures off it and upload them to the internet along with his wife's name, phone number and address beside them.

Biggins

He expected someone not to access his private items on his phone, then transfer data from it without permission!

I'm sure you would expect the same.
I would if it was my phone/diary/notes/etc...

As for the muppet that transferred the data, a simple check of phone records means their ass in up crap-creek and serve them right.

stovelid

A nude picture of an American who eats regularly in McDonalds is worth putting on the internet?


/recalibrates prejudice list.

donasus

Kintarō Hattori wrote: »

Here we go again, the latest lawsuit against McDonalds. First they were sued for making people obese, then they were sued for their coffee being too hot and somewhere along the line they were sued for having wet floors. Now they are being used because some idiot lost his phone which had naked images of his wife on it.

Let me state I'm not a major McDonalds fan, I'd eat there once every several months, I just find this compo culture that America has (and which is now finding its way into Ireland) extremely annoying as it eventually makes life more difficult for us all. Combined with some serious lack of common sense, what the hell did he expect.

http://news.bbc.co.uk/2/hi/americas/7744345.stm

He should have used his pin to lock his phone, lol

mikemac

They deserve to be sued.

McDonalds management are responsible for all the actions of their staff.
OP, I agree there are many ridiculous cases around,people looking for easy money and aided by greedy lawyers

But this isn't such an example, the family deserves compensation.

Sam Vimes

this is one case where it actually is mc donalds fault

Mint Sauce

so thats why mcdonalds are being sued, but what did macdonalds do

Guy:Incognito

Sam Vimes wrote: »

this is one case where it actually is mc donalds fault

Why? This wasnt a directive sent from head office to say that any phones found will have their contents posted online.


If I'm working in someone house (I'm a plumber) and steal money from someones purse, thats my fault and I'm to blame. My boss didnt make me do it.

You cannot control what a member of staff does in a situation like this, short of issueing each staff member with a personal secutrity gaurd to keep tabs on them throughout their entire shift

Kintarō Hattori

Ah but it's simply his word that the staff agreed to hold his phone. Who's to say they agreed to it, went to look for his phone and it was gone?

Princess Consuela Bananahammock

AnonoBoy wrote: »

I suppose he expected that if the staff in the branch said they had his phone and would keep it for him then they wouldn't go through the phone take pictures off it and upload them to the internet along with his wife's name, phone number and address beside them.

.... can he prove that a member of staff took the phone and did the passing-on? (They never said they had it, just that they "promised to secure it"). If so, then it's a case against the individual, I'd have thought. If not, there's no case. Could have been another customer who took the phone and went with it on his merry way.

That said, America does seem to have a reputation of rewarding stupid people.

Biggins

irish-stew wrote: »

so thats why mcdonalds are being sued, but what did macdonalds do

Bugger-all.
They allowed the phone to become a public utility that the staff could pass around and use like it was their own.

Two people will be getting sacked for this one. The manager for not placing it safe somewhere in his office and the first muppet (and any others!) who transferred the pics to their own phones.

Biggins

Ikky Poo2 wrote: »

.... can he prove that a member of staff took the phone and did the passing-on?

Duh!
Its called phone records - the phone that the pics were transferred to.
(not to mention the security cameras that are in operation in shops)

KerranJast

stovelid wrote: »

A nude picture of an American who eats regularly in McDonalds is worth putting on the internet?


/recalibrates prejudice list.

Oh yes. His missus is quite tasty. Heh Heh.

AnonoBoy

Also I know people cite the 'hot coffee' case as an example of stupid lawsuits. However it was also a valid claim.

http://www.lectlaw.com/files/cur78.htm

Guy:Incognito

Biggins wrote: »

Duh!
Its called phone records - the phone that the pics were transferred to.
(not to mention the security cameras that are in operation in shops)

All it says is the phone was left in the store and the pics made their way online, doesnt say it was a staff member.

inforfun

stovelid wrote: »

A nude picture of an American who eats regularly in McDonalds is worth putting on the internet?


/recalibrates prejudice list.

Ah, that might be the reason i did nt really have the urge to go google those pics.

I know it will never happen but could people for once blame themselves in these situations?
Ffs, who forgot the phone and who did leave those pics on the phone?
Go sue that idiot.

senordingdong

Hardly McDonalds fault in fairness.

Surely finding out who posted the info by going through the sites ip would be a better idea, no?

Anyway, that report just saus that they are being sued, not that the idiots have won.

Kintarō Hattori

Stekelly wrote: »

All it says is the phone was left in the store and the pics made their way online, doesnt say it was a staff member.

Precisely. It is possible that the staff were at fault but most likely it's just another fool looking to make a quick buck.

Guy:Incognito

AnonoBoy wrote: »

Also I know people cite the 'hot coffee' case as an example of stupid lawsuits. However it was also a valid claim.

http://www.lectlaw.com/files/cur78.htm

Meh, coffe is hot. A general life rule I follow is not to soill hot stuff on myself.It's worked out well so far.


I've burned myself accidentaly in work a couple of time with my gas torch and touched a hot dril bit against my skin by accident. It left a scar. Never occured to me to sue my boss. Did make me be more carefull though because it was my fault.

KerranJast

inforfun wrote: »

Ah, that might be the reason i did nt really have the urge to go google those pics.

Do. Its work it.

stovelid

senordingdong wrote: »

Hardly McDonalds fault in fairness.

Stupid lawyers. Why have they decided to sue McDonalds instead of a minimum wage employee.....oh.

Biggins

Stekelly wrote: »

All it says is the phone was left in the store and the pics made their way online, doesn't say it was a staff member.

They have already done their research.
Its not rocket science!

Apparently the manager Aaron Brummley phoned the mans mother to say he had the phone.
While in his possession - the phone was then accessed and the pics were transferred.
The time of the subsequent phone calls (and to who's phone they were made also) AFTER the call to the mans mother would help prove that the phone was subsequently out of the publics reach alone.

Source:
http://www.tradingmarkets.com/.site/news/Stock%20News/2044125/
http://www.nowpublic.com/world/mcdonalds-sued-after-wifes-nude-photos-circulated-internet-1

AnonoBoy

Stekelly wrote: »

Meh, coffe is hot. A general life rule I follow is not to soill hot stuff on myself.It's worked out well so far.

However coffee shouldn't be that hot that it causes third degree burns.

Princess Consuela Bananahammock

Biggins wrote: »

Duh!
Its called phone records - the phone that the pics were transferred to.
(not to mention the security cameras that are in operation in shops)

And if records point to an unregistered number? Or a number not registered to anyone working in McDonald's...?

Biggins wrote: »

They have already done their research.
Its not rocket science!

Apparently the manager Aaron Brummley phoned the mans mother to say he had the phone.
While in his possession - the phone was then accessed and the pics were transferred.
The time of the subsequent phone calls (and to who's phone they were made also) AFTER the call to the mans mother would help prove that the phone was subsequently out of the publics reach alone.

Source:
http://www.tradingmarkets.com/.site/news/Stock%20News/2044125/
http://www.nowpublic.com/world/mcdonalds-sued-after-wifes-nude-photos-circulated-internet-1

Fair enough, but you could have added the sources before you went off on the condescending u-bend. As I said: if McDonald's said they HAD they phone (and the plaintiff can prove it), there is a case. If they didn't, there isn't.

Ross_Mahon

I would probably do the same if i found a phone, print out a dirty picture and blow it up to bill board size!

senordingdong

stovelid wrote: »

Stupid lawyers. Why have they decided to sue McDonalds instead of a minimum wage employee.....oh.

The report doesn't say a minimum wage employee had anything to do with it.

They might aswell sue the internet.

Gauge

AnonoBoy wrote: »

However coffee shouldn't be that hot that it causes third degree burns.

Not to mention that they neglected to put warnings on the cups stating that the coffee was hot enough to cause full-thickness burns if spilled (despite several previous complaints of severely burns from customers)- they were fully aware that their coffee was more than hot enough to do serious damage if spilled, or even simply drank straight after being served from the pot.

stovelid

senordingdong wrote: »

Get a grip

We haven't even had a date yet?

It's obvious that they think it's more lucrative to go for the employer in this case.

Black Swan

Big Mac in the raw?

senordingdong

Gauge wrote: »

Not to mention that they neglected to put warnings on the cups stating that the coffee was hot enough to cause full-thickness burns if spilled (despite several previous complaints of severely burns from customers)- they were fully aware that their coffee was more than hot enough to do serious damage if spilled, or even simply drank straight after being served from the pot.

When I make coffee, I boil the water.
I'm not shocked then when I handle a cup of fluid hot enough to burn me.

Guy:Incognito

Gauge wrote: »

Not to mention that they neglected to put warnings on the cups stating that the coffee was hot enough to cause full-thickness burns if spilled (despite several previous complaints of severely burns from customers)- they were fully aware that their coffee was more than hot enough to do serious damage if spilled, or even simply drank straight after being served from the pot.

If someone made you a cup of coffee would you just sling it into you gob in a big gulp or do you always do the sip test to make sure it's not too hot that it will burn you. I know I always check first.

senordingdong

stovelid wrote: »

We haven't even had a date yet?

It's obvious that they think it's more lucrative to go for the employer in this case.

I doubht the employer is on minimum wage.
Yes it's obvious, but before Biggs posted the other info to clarify, we were all under the impression that anybody could have been to blame, not the named manager of the branch.

BaconZombie

I read on Digg that the pictures from the phone have been uploaded to 4chan.

But you may want to have a look at "her" first because you want to stab your own eyes out after seen the naked picture.

She is the on the left reading a book => http://www.flickr.com/photos/amayzing/1429753811/

stovelid wrote: »

A nude picture of an American who eats regularly in McDonalds is worth putting on the internet?


/recalibrates prejudice list.

Biggins

Again. the signals that transferred the actual pics can be triangulated and separated from other calls. Its easy to get those calls on record, see where the calls came from by triangulation (and time!) and who they went to.
If they went to an unregistered phone, say to a friend, that location of that phone and its locality, also upon checking, if that person receiving it has any familiarity to a member of staff of McDonalds branch in question - then would be subsequently yet again, easy to prove times, names, who's responsible, etc.

Gauge

Stekelly wrote: »

If someone made you a cup of coffee would you just sling it into you gob in a big gulp or do you always do the sip test to make sure it's not too hot that it will burn you. I know I always check first.

At the time McDonalds were serving coffee approximately 30 degrees higher than other establishments- but did not point this out to the people who bought coffee there. This higher temperature is the difference between everyday hot water/coffee burns and full thickness (third degree) burns. Customers were not told that McDonalds coffee was of such an unusually high

They'd received a ridiculously high amount of complaints over the years but failed to do anything about it. During the court case, it was proved that the coffee being served was unfit for human consumption because of its temperature, and that the company had been frequently advised to lower it.

Yes, coffee and hot water burn, and I'm very much against ridiculous lawsuits. The woman was to blame for spilling her own coffee, however, McDonalds do hold a certain amount of blame for serving coffee at an unusually high temperature, high enough to cause burns far more severe than a typical spilled coffee from another establishment would, which is what sets this case apart from the thousands of people who burn themselves with coffee/tea/etc daily.

Actually, just as I was typing this, lightning struck something outside the building I work in and half my workplace dropped their teas/coffees simultaneously... freaky!

Sam Vimes

Stekelly wrote: »

Why? This wasnt a directive sent from head office to say that any phones found will have their contents posted online.


If I'm working in someone house (I'm a plumber) and steal money from someones purse, thats my fault and I'm to blame. My boss didnt make me do it.

You cannot control what a member of staff does in a situation like this, short of issueing each staff member with a personal secutrity gaurd to keep tabs on them throughout their entire shift

No you can't but shops are still responsible for the conduct of their staff. Personally i'd agree that it's a case against the individual but that's not how these things work in reality, not least because the individual doesn't have any money

Biggins wrote: »

Duh!
Its called phone records - the phone that the pics were transferred to.
(not to mention the security cameras that are in operation in shops)

Bluetooth doesn't leave a phone record

ejmaztec

Do you want fries and a picture of your big fat gut posted on the internet with that?:P

Ruu_Old

*McDonalds lawyers scribble figure down on paper* "Now about this lawsuit.."
Couple: "What lawsuit?":D

Biggins

Sam Vimes wrote: »

Bluetooth doesn't leave a phone record

But as digital data they do have a transfer record. Approximate location (given the strength of the Bluetooth signal also along with timing is a factor.
Would be a hell of a coincidence that all the subsequent calls made after the call to the owners mother, were all Bluetooth calls.
Possible but how many bluetooth calls do we all make a day?

At the end of the day, I guess all the angles have been covered and inspected by lawyers and phone techies hired by the suing party.
It would be in their best interests to.

Cuddlesworth

BOFH_139 wrote: »

I read on Digg that the pictures from the phone have been uploaded to 4chan.

But you may want to have a look at "her" first because you want to stab your own eyes out after seen the naked picture.

She is the on the left reading a book => http://www.flickr.com/photos/amayzing/1429753811/

Sweet love of God thank you!

Kintarō Hattori

Stekelly wrote: »

If someone made you a cup of coffee would you just sling it into you gob in a big gulp or do you always do the sip test to make sure it's not too hot that it will burn you. I know I always check first.

senordingdong wrote: »

When I make coffee, I boil the water.
I'm not shocked then when I handle a cup of fluid hot enough to burn me.

Gauge wrote: »

At the time McDonalds were serving coffee approximately 30 degrees higher than other establishments- but did not point this out to the people who bought coffee there.

It was just made with boiling water - there's no need to point out that it may burn - - - ->> common knowledge.

Biggins

As long as this is not one of the pics...

Dear jeasus...
Don't click below if your at work or easy horrified!

http://heaven666.org/lady-with-bizarre-belly-naked-on-couch-4181.php

senordingdong

Gauge wrote: »

At the time McDonalds were serving coffee approximately 30 degrees higher than other establishments- but did not point this out to the people who bought coffee there. This higher temperature is the difference between everyday hot water/coffee burns and full thickness (third degree) burns. Customers were not told that McDonalds coffee was of such an unusually high

They'd received a ridiculously high amount of complaints over the years but failed to do anything about it. During the court case, it was proved that the coffee being served was unfit for human consumption because of its temperature, and that the company had been frequently advised to lower it.

Yes, coffee and hot water burn, and I'm very much against ridiculous lawsuits. The woman was to blame for spilling her own coffee, however, McDonalds do hold a certain amount of blame for serving coffee at an unusually high temperature, high enough to cause burns far more severe than a typical spilled coffee from another establishment would, which is what sets this case apart from the thousands of people who burn themselves with coffee/tea/etc daily.

Actually, just as I was typing this, lightning struck something outside the building I work in and half my workplace dropped their teas/coffees simultaneously... freaky!

I'm not a scientist but what's 30 degrees higher than boiled?

Wouldn't that mean she bought a cup of steam?

AnonoBoy

senordingdong wrote: »

I'm not a scientist but what's 30 degrees higher than boiled?

Wouldn't that mean she bought a cup of steam?

Back to Science class for you smart boy!

Mark200

donasus wrote: »

He should have used his pin to lock his phone, lol

I'm sure he would have if he was able to predict that he'd accidentally leave it behind

Biggins

senordingdong wrote: »

I'm not a scientist but what's 30 degrees higher than boiled?

Wouldn't that mean she bought a cup of steam?

True lol - spot on. lol

When the pressure of the atmosphere is 1013 mbar (this is about the average pressure for a place which is at sea level), water will boil (turn into steam) at 100 degrees celsius.

Source: http://simple.wikipedia.org/wiki/Steam

mikemac

only they use use fahrenheit.

McDonalds use 185F and that's 82 degrees Celsius
Other companies are 30 degrees fahrenheit lower

AnonoBoy

Biggins wrote: »

True lol - spot on. lol



Source: http://simple.wikipedia.org/wiki/Steam

Yeah except for the fact that a whole pot of liquid doesn't turn instantly to steam once it reaches boiling point.

Kintarō Hattori

Biggins wrote: »

As long as this is not one of the pics...

Dear jeasus...
Don't click below if your at work or easy horrified!

http://heaven666.org/lady-with-bizarre-belly-naked-on-couch-4181.php

Oh good god that was horrible.

P.C.

On the phone situation:
I hope this will teach people to be careful about what information they choose to keep on thier phones, or other mobile devices.

On the coffee situation:
You might find that Mcdonalds were getting a lot of complaints that their coffe was too cold, so they increased the temp.
Coffee is meant to be hot, we all know this, so be carefull. If I got a coffee somewhere, and it was cold, could I take them to court for a few million. Seems like it could be a situation of 'Damned if you do, damned if you don't'