Tashkent state university of Law
English for Law students
Final exam paper for the 1
st
year students
2020-2021 academic year (Fall term)
PART I.
Read and reflect (20 points)
Read the text below. It is about famous tortious misconduct precedent. Analyze it and write at least
150 words long reflection.
- Do you think serving coffee 180 degrees hot ought to be punished?
- How would you have reacted if you were the client?
- What would you verdict be if you were the judge?
- Express your opinion and try to provide legal assumption to the case, using the vocabulary
you have learnt in the classes.
• Do not copy parts of the text
• Do not plagiarize
• Do not summarize
Stella Liebeck, the 79-year-old woman who was severely burned by McDonald’s coffee that
she spilled in her lap in 1992, was unfairly held up as an example of frivolous litigation in the public
eye. But the facts of the case tell a very different story. The coffee that burned Stella Liebeck was
dangerously hot—hot enough to cause third-degree burns, even though clothes, in three seconds.
Liebeck endured third-degree burns over 16 percent of her body, including her inner thighs—the skin
was burned away to the layers of muscle and fatty tissue. She had to be hospitalized for eight days,
and she required skin grafts and other treatment. Her recovery lasted two years. Liebeck offered to
settle the case for $20,000, but the company refused. McDonald’s offered Liebeck only $800—which
did not even cover her medical expenses. When the case went to trial, the jurors saw graphic photos
of Liebeck’s burns. They heard experts testify about how hot coffee should be and that McDonald’s
coffee was 30 to 40 degrees hotter than coffee served by other companies. The jury learned that 700
other people—including children—had been burned before, yet the company did not change its
policy of keeping coffee at between 180 and 190 degrees. The company knew its coffee was causing
serious burns, but it decided that, with billions of cups served annually, this number of burns was not
significant. The goal of the lawsuit was to try to right a wrong. “We knew, before the lawsuit was
filed, that the temperature of the water was 190 degrees or so, and the franchise documents required
that of the franchisee,” said Kenneth Wagner, an Albuquerque lawyer who represented Liebeck.
Most home coffee makers produce coffee that is between 135 and 150 degrees, he added. Coffee that
other restaurants serve at 160 degrees can also cause third-degree burns, but it takes 20 seconds,
which usually gives the person enough time to wipe away the coffee before that happens. «Our
position was that the product was unreasonably dangerous, and the temperature should have been
lower,” Wagner said. The jurors awarded Liebeck $200,000 in compensatory damages for her pain,
suffering, and medical costs, but those damages were reduced to $160,000 because they found her 20
percent responsible. They awarded $2.7 million in punitive damages. That amounted to about two
days of revenue for McDonald’s coffee sales. The trial judge reduced the punitive damages to
$480,000, while noting that McDonald’s behavior had been “willful, wanton, and reckless.” The
parties later settled for a confidential amount. According to news accounts, this amount was less than
$500,000. Liebeck’s case got picked up by the media, and the story that got relayed was sometimes
distilled to little more than: A woman made $2.7 million by spilling coffee on herself. A woman, who
was scalded when her McDonald 's coffee spilled won a jury award of $2.9 million - or about two days '
coffee sales for the fast-food chain. Lawyers for Stella Liebeck, 81, who suffered third degree burns in
the 1992 incident, contended that McDonald 's coffee was too hot. A state district court jury imposed
$2.7 million in punitive damages and $160,000 in compensatory damages Wednesday. Ken Wagner,
one of Liebeck 's attorneys, said that he had asked the jury for punitive damages equal to two days '
worth of McDonald 's coffee sales, which he estimated at $1.34 million.