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Old Suit against McDonalds for too hot coffee
by Marvin Johnston 07 Feb '03

07 Feb '03

I just ran across this description of the case (circa 1996) and this corresponds to what a judge said about it a couple of years ago when I was on a jury trial. ********** The following courtesy of the Consumers Attorneys of California: There is a lot of hype about the McDonald's scalding coffee case. No one is in favor of frivolous cases or outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonald's coffee was not only hot, it was scalding capable of almost instantaneous destruction of skin, flesh and muscle. Here is the whole story. Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonald's coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonald's. After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap. The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonald's refused. During discovery, McDonald's produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third degree burns substantially similar to Liebecks. This history documented McDonald's knowledge about the extent and nature of this hazard. McDonald's also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees. Further, McDonald's quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonald's coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonald's had no intention of reducing the "holding temperature" of its coffee. Plaintiff's expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn. McDonald's asserted that customers buy coffee on their way to work or home, intending to consume it there. However, the company's own research showed that customers intend to consume the coffee immediately while driving. McDonald's also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third degree burns from the coffee and that a statement on the side of the cup was not a "warning" but a "reminder" since the location of the writing would not warn customers of the hazard. The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages, which equals about two days of McDonald's coffee sales. Postverdict investigation found that the temperature of coffee at the local Albuquerque McDonald's had dropped to 158 degrees fahrenheit. The trial court subsequently reduced the punitive award to $480,000 or three times compensatory damages even though the judge called McDonald's conduct reckless, callous and willful. Subsequent to remittitur, the parties entered a postverdict settlement.

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Santa Barbara Scammer ??
by WB6WCW＠aol.com 06 Feb '03

06 Feb '03

Hello Everyone: Have been seeing many user group complaints about the person or persons listed below.......wondered if any body knows if they are real people and what, if anything, exists at the given address.. Tnx & 73's Bill W6WCW ===================================================== Gabe Mariscal and Jeff Graham 1120 Laguna ST. #14 Santa Barbara, CA 93101 Phone: 805-560-3193 mojo-radio(a)cox.net =================================================== Subject: Re: BEWARE Fraud Alert From: "DeWayne" <A HREF="mailto:k9kz@indy.rr.com">k9kz(a)indy.rr.com</A> Date: 2/6/03 8:58 AM Pacific Standard Time Message-id: <Iuw0a.117401$i73.26254338(a)twister.neo.rr.com> He has used the email address mojo-radio(a)cox.net . > This person has used the names Gabe Mariscal and Jeff Graham. > > > Beware, myself and one other guy have been ripped off after advertising a > > want to trade. The address of the person is: > > > 1120 Laguna ST. #14 > > Santa Barbara CA > > 93101 > > > > Phone: 805-560-3193 > > > > DeWayne K9KZ ===========================END==================== Subject: Beware of thief Gabe Mariscal From: "RS" <A HREF="mailto:wizard2000@tiscali.co.uk">wizard2000(a)tiscali.co.uk </A> Date: 2/6/03 10:52 AM Pacific Standard Time Message-id: <b1uapi$bho$1(a)newsg2.svr.pol.co.uk> Do not do business at all with this thief, He tried to rip me off a while ago, I am in the UK and work for the Police Force, I had him checked out with the Santa Barbara PD, they are working on him. ================================================== Subject: Re: Fraud Alert- Do Not Deal With Gabe Mariscal From: "DeWayne" <A HREF="mailto:k9kz@indy.rr.com">k9kz(a)indy.rr.com</A> Date: 2/6/03 7:01 AM Pacific Standard Time Message-id: <mNu0a.116092$i73.26173087(a)twister.neo.rr.com> Well Dan, you know what I told you about my SW2 being stolen, well this is the guy : ) But he went under the name Jeff Graham and said he was blind. DeWayne "Dan Schopp" <dschopp(a)earthlink.net> wrote in message news:548df96e.0302060126.1fb04415@posting.google.com... > Do not trade or do business with this person: > > Gabe Mariscal > 1120 Laguna St #14 > Santa Barbra CA 93101 > > Here's why: > > In mid Januay I posted an add on rec.radio.swap and > rec.radio.shortwave offering a Panansonic DR 49 and a Realistic > Astronaut 8 for trade. Mr Mariscal contacted me by email and offered > me a Sangean 818 and DX 398 for my radios. We agreed on the trade and > both agreed we would ship the radios, to each other, UPS. I received > several emails from him regarding the conditions of his radios and how > he was looking forward to receiving my radios. > > Monday January 26th I shipped my radios to him via UPS. That evening I > received an email from him stating he had been unable to ship the > radios that day and a offer to pay for my shipping costs since he > hadn't shipped on the day we agreed to ship. I declined his offer and > in an email stated it was OK to ship the next day. The next day I > received an email with a UPS tracking number that didn't work. I sent > him another email and received another one back with another UPS > tracking number that didn't work. The third email I received contained > a tracking number that worked. The UPS web site showed a package was > on it's way to me. > > On Monday February 3rd, I checkd the UPS web site and confirmed that > Mr. Mariscal had signed for and received the radios I sent him. > Tuesday, February 4th I received the package from him. In an nicely > packaged box was a Boise radio stand and nothing else, no DX 398, no > Sangean 818, as promised. Thinking that he had mistakenly sent me the > wrong package I emailed him and told him what I had received. I also > offered to return the Boise radio stand to him. No reply to my email. > > The next day, Wednesday, Feburay 5th, I emailed him again. Again no > reply.Since the package I received from him had his address and phone > number on it I called the number last evening. A man answered and I > asked to speak to Gabe. A hesitation, and the the reply, "you have the > wrong number." When I dialed the number again no answer. > > After the phone call I again emailed him. This morning, I find that my > last email to him has been returned, and the email address he gave me > has been cancelled. > > I've been trading radios for several years and this is my first bad > experience.I know you take your chances in this type of situation but > it's a shame that dishonest people like can get away with something > like this with litle or no chance of being held accountable. I believe > my legal recourse is limited but I do plan on calling the Santa > Barbara PD to determine if there is anthing, legally, I can do. > > Dan ==========================END===================

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ARDF at Lake Carneros, February 8
by Marvin Johnston 04 Feb '03

04 Feb '03

Lake Los Carneros Park in Goleta, CA will be the site of southern California's next international-style on-foot foxhunt on Saturday, February 8. A ham radio license and knowledge of radio equipment is not required. All ages are welcome, but small children should be accompanied by an adult on the course. This event is being hosted by Scott Moore KF6IKO, assisted by Marvin Johnston KE6HTS. There will be five fox transmitters on 146.565 MHz FM with international-rules timing, plus one or more two-meter transmitters for beginners. An optional 80-meter transmitter may also be hidden. Gathering time is 12 noon with a two-meter test transmitter on the air. The main 5-fox hunt starts at 12:30 PM. Color orienteering maps of the area will be available. Bring any 2-meter and 80-meter RDF "sniffing" gear you have. If you don't have any, just bring your handi-talkie or scanner. If you don't have that, come anyway. A limited number of RDF sets will be available for loan. Also be sure to bring anything you'll need while going after those radio foxes, such as munchies, bottled water and sunscreen. Bring your own compass, protractor and pencil if you plan to use them for map marking. Make sure that all batteries are fresh. Starting point is the Stow House Parking Lot just off of Los Carneros Road.

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A happier memory
by Jay Hennigan 03 Feb '03

03 Feb '03

http://www.west.net/~jay/shuttle.mp3 -- Jay Hennigan - CCIE #7880 - Network Administration - jay(a)west.net NetLojix Communications, Inc. - http://www.netlojix.com/ WestNet: Connecting you to the planet. 805 884-6323

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2Meter Home base station
by Paul Cronshaw, D.C. 02 Feb '03

02 Feb '03

What is a good rig for a dual or triband base station to put on my desk at home so I can keep in touch with family from the back country? Paul Cronshaw DC KF6TRT

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February Key-Klix Deadline
by Dennis H. Morales 02 Feb '03

02 Feb '03

Hi Folks - It is that time of the month again! Tomorrow Feb 3rd is the deadline for articles, information, reports, etc for the February Key-Klix. Anyone have pictures from the January General meeting? Please send me some - maybe it will make the February cover! Thanks for your help. 73 de Denny AD6EZ<><

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October SBARC Meeting - April Moell, WA6OPS
by Marvin Johnston 22 Jan '03

22 Jan '03

Looking ahead, April has agreed to speak at our October SBARC Club meeting. And it is really appropriate to see this in the ARRL SW Division Update!!!

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ARRL Nominations Reminder
by Marvin Johnston 21 Jan '03

21 Jan '03

ARRL Instructor and Recruiter of the Year Awards ARRL Herb S. Brier Instructor of the Year is presented to a volunteer ham radio instructor. ARRL Professional Instructor of the Year is presented to a paid, non-state licensed, instructor. ARRL Professional Educator of the Year presented to a professional teacher within a school system. ARRL Excellence in Recruiting Award presented to a ham that exemplifies outstanding recruiting enthusiasm and technique through demonstrations, H/R community service, etc. The winner of these awards will receive a $100 Gift Certificate from ARRL and an engraved plaque. Complete information and nomination forms are available at http://www.arrl.org/ead/award/ . Completed forms must be sent to your Section Manager before January 31. ****************************************************************************** The Hiram Percy Maxim Memorial Award is given to the licensed radio amateur under 21. Please make your Section Manager aware of young hams who have distinguished themselves through their ham radio activities. Formal nominations from Section Managers must be received at Headquarters by March 31. For more information visit http://www.arrl.org/field/awards/hpm.html ARRL International Humanitarian Award is presented to any licensed radio amateur world-wide, or group of amateurs who, by use of his or their skills of Amateur Radio, have provided extraordinary service for the benefit of others in times of crisis or disaster, is qualified to receive the award. Age of individual or group nominee is not a factor. Nominations for this award will be accepted from a licensed radio amateur, governmental or any other organization which has received the benefits of the radio amateurs extraordinary service. All nominations and supporting materials must be submitted in writing in English to "ARRL International Humanitarian Award, 225 Main Street, Newington, Connecticut 06111 USA," in sufficient time that they are received by December 31. For more information on these awards contact Jean Wolfgang, WB3IOS, jwolfgang(a)arrl.org . Margie Bourgoin, KB1DCO ARRL Club & Educational Correspondent Phone: 860-594-0267 FAX: 860-594-0259 e-mail: mbourgoin(a)arrl.org ************************** Do you have a super hint for teaching Amateur Radio to others? Please share with other Instructors/Teachers on our Interactive Newsletters http://www.arrl.org/FandES/ead/instructor/ or http://www.arrl.org/FandES/newsletters/ARIC/ Margie Bourgoin, KB1DCO ARRL Club & Educational Correspondent Phone: 860-594-0267 FAX: 860-594-0259 e-mail: mbourgoin(a)arrl.org **************************

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Dr. George Austin, NS6M, SK
by WB6WCW＠aol.com 20 Jan '03

20 Jan '03

As reported in the Santa Barbara News-Press on 6 December 2002, Dr. George Austin, NS6M, passed away on Thanksgiving morning. Further details of his life can be found on the News-Press website at the following location: http://www.newspress.com/obits/12-6-2002obits.htm A memorial service and recital will be held at 2 PM on January 25, 2003, at the Music Academy of the West in Santa Barbara. In lieu of flowers the family requests that donations be made to the Salvation Army. ..._._

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NEW LEAGUE BROCHURE TARGETS KIDS
by Marvin Johnston 17 Jan '03

17 Jan '03

*************** The ARRL Letter Vol. 22, No. 03 January 17, 2003 *************** ==>NEW LEAGUE BROCHURE TARGETS KIDS A colorful, new, kid-tested ham radio brochure is available from ARRL Headquarters. "Leap into Amateur Radio" aims at an elementary school audience and introduces youngsters to the hobby. "Amateur Radio is an exciting hobby that lets you meet new people of all ages--and have a great time!" the full-color, tri-fold flier emphasizes. "Getting started is easy!" Field and Educational Support Team Leader Mary Lau, N1VH, headed the team that produced the flier. She cited two objectives in its design. "There was a desire to specifically target 8 to 11 year olds," she said, "as well as the need to supply a youth-oriented handout to replace the Archie's Ham Radio Adventure comic book that is no longer published." The brochure is comprised of colorful graphics, photos of kids operating and several boxes of basic text explaining what Amateur Radio is and does. There's also space on the back for local clubs or organizations to affix their contact information, so that children and their families can get more information about the hobby. The back panel also includes a blurb about ARRL and gives its e-mail address. On the "What is Amateur Radio" page right inside the tri-fold brochure is a brief explanation of what Amateur Radio is. "Anyone can be a ham--no matter what age, sex or physical ability," the flier points out. Accompanying the text are photos of youngsters--a boy and a girl--on the air. Fully open, the flier presents four capsules of information about Amateur Radio: * How ham radio and wireless technologies fit into lives that include cell phones and the Internet. * The several modes hams use to communicate with each other--including voice, computer, and even telegraph key. * The various types of operating activities available--including public service and the Amateur Radio on the International Space Station (ARISS) program. * How simple it is to get started in Amateur Radio and whom to contact. Assisting the in the project were ARRL Educational Program Coordinator Jean Wolfgang, WB3IOS; Educational Correspondent Marjorie Bourgoin, KB1DCO, and Field and Educational Services Assistant Linda Mullally, KB1HSV. After assembling the material for the flier and putting together a prototype, Lau and her staff got the brochure into the hands of a number of area youngsters for some product testing. The children offered a few ideas to make the handout even more appealing, she said. Arizona-based graphic artist Cameo Hill did the final layout and design. "Leap into Amateur Radio" will become available in mid-February--free of charge and in limited quantities of up to 25 fliers--to any Amateur Radio operator or amateur club. Lau said the only cost will be for shipping. The brochure is now available as an Acrobat PDF file via the ARRL Web site <http://www.arrl.org/FandES/ead/materials/Leap-into-AR.pdf>. To order copies of the brochure, interested clubs or individuals should contact Linda Mullally, KB1HSV, lmullally(a)arrl.org; 860-594-0292.

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