Case Synopsis Liebeck v. McDonald's Restaurants, No. cV 93-02419, 1995 (N.M. Dist., Aug. 18, 1994).1 Stella Liebeck 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 drive-thru 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. 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 onto her lap The sweatpants Liebeck wore absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered third-degree burns over six (6) percent of her body including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight (8) days, during which time she underwent skin grafting. Liebeck sought to settle her claim for $20,000, but McDonald's offered her only $800. Liebeck filed suit. 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 Liebeck's injuries. Additionally, McDonald's stated in discovery that, based upon a consultant's advice, its restaurants held its coffee at between 180 and 190 degrees Fahrenheit to maintain optimum taste. The consultant admitted, however, that he had not assessed the safety implications of coffee at this temperature range. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees. Before trial, Liebeck offered to settle if McDonald's would pay her $300,000. McDonald's rejected the offer. Days before the trial, a mediator recommended that McDonald's settle for $225,000. McDonald's rejected this recommendation as well; consequently, the matter went to trial. At trial, MeDonald'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 no fit for consumption because it would burn the mouth and throat. Quality Assurance Manager admitted that burns would occur, but testified that McDonald's had no intention of reducing th holding temperature" of its coffee Also at trial, Liebeck's skin burn expert testified that liquids, at 180 degrees, will cause third degree burns to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burm relative to that temperature