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Mcdonalds blender to the face. Deserved or not?

This wouldn't have happened at Chic-Fil-A!! ;)
 
JB said:
So what we are saying here is that promoting violence with violence is okay to receive a windfall, rather than just be made whole. I have so many problems with that in our sue happy society. No violence of any kind occurs, without the person provoking it. I can't overlook that. This to me is no different than someone walking down the street and punching someone in the face blindsided. Then that person getting Stevan Segal'd into next week and suing the person because they fought back.

Should it happen? Never. None of this should ever happen and certainly throwing appliances isn't the answer. But getting a windfall for provoking violence should not be rewarded in my opinion. Ever.
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i'm not sure where i said that the customer's violence was ever ok. and being "made whole" could still be considered a windfall for some, right?

what i'm not okay with is disproportionate force. if in your situation the steven segal'ing is escalated to the point of beating the original assailant resulting in disfigurement, disability, or even death, that's a problem. this isn't like the nfl where a chop block on the offense and offsides on the defense negate each other; i don't know anything about the law, but it makes sense to me that someone could still be punished if they respond with unreasonable and excessive force. to me, that's what's going on here.

i do agree that the manager acting of their own accord does not in and of itself justify financial reward. but what if it is determined that the manager has threatened employees, but the franchisor or even corporate hr did not terminate the manager? what if the manager has a criminal record with a history of violent acts? what if the franchisor did not comply with corporate training requirements specific to dealing with disgruntled customers? then i could see the owner and even corporation having culpability.

i like what @Parrot said about the customer's reward being reduced by her percentage of responsibility. that's an interesting and fair concept.
 
Parrot said:
I wasn't criticizing your take and sorry if it came across that way. Just adding my 2 cents.

On a case like this in Miami, what is the rule of thumb on a multiplier to get to a potential settlement value? In most MS counties, it can range from 3 to 5. In the more plaintiff-friendly ones, it can get to 8 or 10 with bad injuries and the right defendant.
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Ha, I didn't take it as criticism at all, especially from you. I was just trying to show my work, but I very well could be wrong. Miami juries can definitely run away, but if they think the Plaintiff is lying or over-reaching, then they will certainly punish with the award. I don't do ant PI though, mostly business based civil litigation and defense of employment cases. I would more likely be in the position defending the Franchisee from the wrongful termination suit after he/she is fired for flinging a blender in someone's face.
 
Gives new meaning to "hit that on the button"
 
McLovin said:
i'm not sure where i said that the customer's violence was ever ok. and being "made whole" could still be considered a windfall for some, right?

what i'm not okay with is disproportionate force. if in your situation the steven segal'ing is escalated to the point of beating the original assailant resulting in disfigurement, disability, or even death, that's a problem. this isn't like the nfl where a chop block on the offense and offsides on the defense negate each other; i don't know anything about the law, but it makes sense to me that someone could still be punished if they respond with unreasonable and excessive force. to me, that's what's going on here.

i do agree that the manager acting of their own accord does not in and of itself justify financial reward. but what if it is determined that the manager has threatened employees, but the franchisor or even corporate hr did not terminate the manager? what if the manager has a criminal record with a history of violent acts? what if the franchisor did not comply with corporate training requirements specific to dealing with disgruntled customers? then i could see the owner and even corporation having culpability.

i like what @Parrot said about the customer's reward being reduced by her percentage of responsibility. that's an interesting and fair concept.
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Being made whole means out of pocket medical expenses covered in this situation.
And frankly someone cold cocking someone else and getting Segal'd badly is what should be called a life lesson. :ROFLMAO:

But @Jman is right. With a victory in this suit, we are effectively saying that people should walk around and provoke with violence. Gawd I wish Judge Judy could decide every case in the world.
 
JB said:
Being made whole means out of pocket medical expenses covered in this situation.
And frankly someone cold cocking someone else and getting Segal'd badly is what should be called a life lesson. :ROFLMAO:

But @Jman is right. With a victory in this suit, we are effectively saying that people should walk around and provoke with violence. Gawd I wish Judge Judy could decide every case in the world.
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I'm all in on it. I can throw food at people like a boss. :cool:
 
Jman said:
I'm all in on it. I can throw food at people like a boss. :cool:
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And if i want to play crazy lawyer person here it goes.
Can anybody prove that that lady that started all of this, did not put razor blades in those burgers before throwing them? Because the manager, that did not react to anything before violence occurred has said razor blades were thrown at her and the offender was saying she was going to kill her family.

I rest my case. ;)
 
Both sides were wrong, but McDonald's will end up losing this one big time.
The employee will be fired and corporate will end up paying a huge settlement to keep the lawsuit out of the court system.
They know they could never win the suit when their employee was hit by a french fry and retaliated with a blender that resulted in surgery.
 
So wonder if McDs will add a warning label like they did for the coffee law suit. "Caution coffee is hot" now there'll be "Caution blenders fly at face" on burger wrappers.
 
NullNomad said:
So wonder if McDs will add a warning label like they did for the coffee law suit. "Caution coffee is hot" now there'll be "Caution blenders fly at face" on burger wrappers.
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Introducing the new McHelmet. Available for a limited time.
 
A blender to the head sure seems like a disproportionate escalation to having bags of food thrown at you but I guess if we can justify the customer's anger after a 20+ minute wait it might be easy to justify the instant rage of having food thrown at you.

Just to be clear, I think the manager should have been able to use some self control in the situation and should have been able to solve the issue. I would also have loved to hear the audio.

The bothersome part of the interview was that the customer seems to have expected the outcome to end in some level of violence no matter what. I can't think of a time that I expected a messed up food order would end in a fight.
 
What did she expect to happen at McDonalds? Chances that she was getting the correct food were slim. She should have cut her losses and left.
 
macdonals will settle out of court for a large sum of money. the lady should not have had to wait 25 mins to get her order fixed but also shouild not have thrown the food at them.

there's no winner here....oh wait yes there is. the lady will be getting paid for acting like an A'hole

 
Jman said:
The world would be a better place if more people got hit in the face with a blender.

I said it. :p
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The only way to deal with someone who only understands violence is a better brand of violence.
 
OITW said:
I think the blender can be considered lethal - depends on weight and what not and clearly heavy enough to knock her back like that substitute blender for rock etc.

I did find it curious how she looked in the video and how she looked in the news piece.

Don’t judge a book by its cover though
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Easily could have been lethal. It was enough to knock her off her feet. She could have easily smacked her head on the floor and died. I'd say file charges for attempted murder on the thug that threw the blender.
 
Multiquote is a useful feature of the forum. :ROFLMAO:
 
It is kind of funny to read these types of stories from McDonalds though. If this happens at Chik Fil A, even if the food takes too long, they are likely to apologize and even potentially comp the meal (has happened to me for waiting like 5-10 minutes and I didn't even ask).

The local McDonalds here is AWFUL. Super slow.

The local Wendys might be even worse. Cal and I went earlier this week and it took a good 15 minutes to get my food, while they immediately provided his kids meal. They seemed lost.

Sadly I didn't throw my food at them. I opted to eat it instead.
 
Wow this one is interesting. I believe that they are both wrong from a moral and legal standpoint (of course I believe also that the manager throwing the blender is more in the wrong). My wife used to be a court reporter for criminal cases (up in Canada so laws could vary) and all I can say, with the stories she's told me, is that assault is assault regardless of whether the assault occurred with an actual weapon or a perceived weapon. I say this because my wife has literally sat in on a court case where a young man was charged with assault with a weapon on public transport. Said weapon was a banana peel! So by that logic, throwing food can be classified as an assault with a weapon. Same with the manager. Now as far as corporate rules, that manager should be fired without question. As a manager in the customer service industry, you need to have more self control than the average Joe-blow.
 
I agree with JB here, not sure our thought process is the same but if you have the nerve to walk up and hit a stranger you better be ready for a real fight.
I am old and if someone takes a swing at me they could easily have a new hole they were not expecting at the least a crazy old man trying to break parts off them.
And I say that as a person that will go out of my way to avoid confrontation because I do not want to spend what time I have left in jail.

The old saying don't start no sh!t there won't be no sh!t still applies.

There seems to be a real trend that people feel they have the right to be a$$hats and be able to get away with it because it is their desire to do so.
Live PD proves it every weekend and it is not restricted to any type or group of people.
 
@GolferGal any chance we can get "Flying Blender" as a new mood? Because some days.....
 
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