Joshua Green also provides some facts about the McDonald’s coffee case:
To persuade the public that frivolous personal injury suits have brought on a crisis, advocates of change religiously invoke cases like the elderly woman who spilled coffee on herself and won a $2.9 million jury verdict against McDonald’s. Such stories tap into a genuine sense of frustration many Americans have with the modern tendency to blame others for problems of their own making. But on closer examination—the kind likely to happen if the GOP declares open war on trial lawyers—such anecdotes will be exposed as the urban myths most of them are. As Roger Williams University torts professor Carl Bogus explains in his book, Why Lawsuits Are Good for America, the woman who spilled her McDonald’s coffee had to undergo a skin graft, spend weeks in the hospital, and offered to settle for $10,000 (McDonald’s refused). She only sued as a last resort—the epitome of conscientious use of the legal system. Her original award of $2.9 million was later reduced by a judge, as most such judgements are, to $480,000, and she wound up settling for even less. To prevent other suits, McDonald’s, which had previously ignored more than 700 similar complaints, stopped serving near-boiling coffee, as did its competitors.