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‘Near-death experience:’ Family sues after child chokes on Dum Dum lollipop Login/Join 
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posted
https://www.wtae.com/article/n...-dum-sucker/22788563


An Irwin couple is suing the Spangler Candy Company in Ohio after they say their son choked on a Dum Dum lollipop that the family claims was defective.

According to the lawsuit, the incident happened on July 5, 2017.

In the lawsuit, plaintiffs Mark Matthews and Kristina Matthews say their son choked when the candy ball on a Dum Dum “slipped and/or came off the stick and lodged in (the child’s) throat, causing (the child’s) airway to close for an extended period of time.”

The lawsuit goes on to say, “It took a heroic effort by Mark E. Matthews over an extended period of time to dislodge the candy ball from (the child’s) throat and clear his airway.”

The boy was taken to the hospital for medical treatment.

In the Matthews’ claims, they say the child’s “near-death experience continues to cause severe emotional and mental distress and anxiety to (the child)” and to the Matthews.

They also say their son has incurred and in the future may incur medical bills and other out-of-pocket losses and damages.

The family is seeking tens of thousands of dollars in damages as well as court costs.


 
Posts: 5466 | Location: Pittsburgh, PA, USA | Registered: February 27, 2001Reply With QuoteReport This Post
I Am The Walrus
posted Hide Post
Sounds like the only dum dums here are the parents.

I think the candy maker will end up settling out of court, unfortunately. This is why the cost of everything goes up for the rest of us: stupid lawsuits.


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Posts: 13313 | Registered: March 12, 2005Reply With QuoteReport This Post
Wait, what?
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I hate suckers like these.




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Posts: 15833 | Location: Martinsburg WV | Registered: April 02, 2011Reply With QuoteReport This Post
Member
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The US court system is another lottery people love to play. And there's plenty of lawyers out there willing to help them.



.
 
Posts: 8911 | Registered: September 26, 2013Reply With QuoteReport This Post
Crusty old
curmudgeon
Picture of Jimbo54
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I've only given to one 'Go Fund Me' account but I'd give a little to this company to pay for them to take this to court and not settle. Seriously, this petty shit needs to stop.

Jim


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Posts: 9791 | Location: The right side of Washington State | Registered: September 14, 2008Reply With QuoteReport This Post
Member
posted Hide Post
Another set of great parents. Too bad they had kids.
 
Posts: 7080 | Location: Treasure Coast,Fl. | Registered: July 04, 2003Reply With QuoteReport This Post
Member
Picture of CQB60
posted Hide Post
Opportunity spelled Matthews


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Life is short. It’s shorter with the wrong gun…
 
Posts: 13861 | Location: VIrtual | Registered: November 13, 2009Reply With QuoteReport This Post
It's not you,
it's me.
Picture of RAMIUS
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Interesting that the article doesn't say the child's age (unless I missed it).
 
Posts: 7016 | Location: Right outside Philly | Registered: September 08, 2005Reply With QuoteReport This Post
His diet consists of black
coffee, and sarcasm.
Picture of egregore
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quote:
Originally posted by RAMIUS:
Interesting that the article doesn't say the child's age (unless I missed it).

I didn't see it either. But up to about age 3, anything that will fit in their mouths is a potential choking hazard.
 
Posts: 28690 | Location: Johnson City, TN | Registered: April 28, 2012Reply With QuoteReport This Post
אַרְיֵה
Picture of V-Tail
posted Hide Post
Interesting that they would give the Dum Dum to a little kid and then sue, when the same company (Spangler Candy) makes Saf-T-Pops for little kids.

But gotta get paid, yo.



הרחפת שלי מלאה בצלופחים
 
Posts: 31449 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
quarter MOA visionary
Picture of smschulz
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ANYONE can sue for ANYTHING. Frown
 
Posts: 23227 | Location: Houston, TX | Registered: June 11, 2006Reply With QuoteReport This Post
Too old to run,
too mean to quit!
posted Hide Post
Anybody else remember the dipshit female that bought a cup of McD's coffee at the drive in. Put the cup between her legs, cup spilled and parboiled her private parts. She sued McD and collected a nice retirement fund. In the millions as I recall.

Assholes today seem to think they have no personal responsibility for anything, and when it goes wrong their answer is to sue.

And, we have juries with the same asinine beliefs. Business has insurance so award the plaintiffs big bucks whether they did anything wrong, or not.


Elk

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FBHO!!!



The Idaho Elk Hunter
 
Posts: 25656 | Location: Virginia | Registered: December 16, 2001Reply With QuoteReport This Post
Member
Picture of GGF
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I choked on an ice cube once.
I should of sued the fridge.
 
Posts: 698 | Location: Indiana | Registered: January 28, 2008Reply With QuoteReport This Post
Nullus Anxietas
Picture of ensigmatic
posted Hide Post
quote:
Originally posted by Elk Hunter:
Anybody else remember the dipshit female that bought a cup of McD's coffee at the drive in. Put the cup between her legs, cup spilled and parboiled her private parts. She sued McD and collected a nice retirement fund. In the millions as I recall.

Yup. And everybody else has been paying for that, ever since.

The outcome, like the instant case, was thoroughly predictable.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26009 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
Member
Picture of Expert308
posted Hide Post
quote:
Originally posted by GGF:
I choked on an ice cube once.
I should of sued the fridge.

Not just the fridge, but also the manufacturer of the ice cube tray and the local water utility.
 
Posts: 7418 | Location: Idaho | Registered: February 12, 2007Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
posted Hide Post
quote:
Originally posted by Elk Hunter:
Anybody else remember the dipshit female that bought a cup of McD's coffee at the drive in. Put the cup between her legs, cup spilled and parboiled her private parts. She sued McD and collected a nice retirement fund. In the millions as I recall.

Assholes today seem to think they have no personal responsibility for anything, and when it goes wrong their answer is to sue.

And, we have juries with the same asinine beliefs. Business has insurance so award the plaintiffs big bucks whether they did anything wrong, or not.


Before you go there on that suit; as I recall, the woman in question received 2nd and 3rd degree burns from the coffee. (Imagine a 2nd degree burn on your little Pettie.

Hot hot do you serve coffee? is it just above the boiling point of water?

Think about it. There is NO reason to serve coffee (or any other liquid) that hot, in a paper cup, with a flimsy lid. Wink

Here's the rest of the story"

The McDonald’s Hot Coffee Case
It is the case that gave rise to the attacks on “frivolous lawsuits” in the United States. Almost everyone seems to know about it. And there’s a good chance everything you know about it is wrong.

In 1992, 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald’s drive-thru in Albuquerque and spilled it on her lap. She sued McDonald’s and a jury awarded her nearly $3 million in punitive damages for the burns she suffered.

Typical reaction: Isn’t coffee supposed to be hot? And McDonald’s didn’t pour the coffee on her, she spilled it on herself! Besides, she was driving the car and wasn’t paying attention.

Now for the facts:

quote:
Mrs. Liebeck was not driving when her coffee spilled, nor was the car she was in moving. She was the passenger in a car that was stopped in the parking lot of the McDonald’s where she bought the coffee. She had the cup between her knees while removing the lid to add cream and sugar when the cup tipped over and spilled the entire contents on her lap.

The coffee was not just “hot,” but dangerously hot. McDonald’s corporate policy was to serve it at a temperature that could cause serious burns in seconds. Mrs. Liebeck’s injuries were far from frivolous. She was wearing sweatpants that absorbed the coffee and kept it against her skin. She suffered third-degree burns (the most serious kind) and required skin grafts on her inner thighs and elsewhere.

Liebeck’s case was far from an isolated event. McDonald’s had received more than 700 previous reports of injury from its coffee, including reports of third-degree burns, and had paid settlements in some cases.

Mrs. Liebeck offered to settle the case for $20,000 to cover her medical expenses and lost income. But McDonald’s never offered more than $800, so the case went to trial. The jury found Mrs. Liebeck to be partially at fault for her injuries, reducing the compensation for her injuries accordingly. But the jury’s punitive damages award made headlines — upset by McDonald’s unwillingness to correct a policy despite hundreds of people suffering injuries, they awarded Liebeck the equivalent of two days’ worth of revenue from coffee sales for the restaurant chain. That wasn’t, however, the end of it. The original punitive damage award was ultimately reduced by more than 80 percent by the judge. And, to avoid what likely would have been years of appeals, Mrs. Liebeck and McDonald’s later reached a confidential settlement.

Here is some of the evidence the jury heard during the trial:

McDonald’s operations manual required the franchisee to hold its coffee at 180 to 190 degrees Fahrenheit.

[u]Coffee at that temperature, if spilled, causes third-degree burns in three to seven seconds.[/u]


The chairman of the department of mechanical engineering and biomechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor-in-chief of the Journal of Burn Care and Rehabilitation, the leading scholarly publication in the specialty.
McDonald’s admitted it had known about the risk of serious burns from its scalding hot coffee for more than 10 years. The risk had repeatedly been brought to its attention through numerous other claims and suits.

An expert witness for the company testified that the number of burns was insignificant compared to the billions of cups of coffee the company served each year.

At least one juror later told the Wall Street Journal she thought the company wasn’t taking the injuries seriously. To the corporate restaurant giant those 700 injury cases caused by hot coffee seemed relatively rare compared to the millions of cups of coffee served. But, the juror noted, “there was a person behind every number and I don’t think the corporation was attaching enough importance to that.”

McDonald’s quality assurance manager testified 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.

McDonald’s admitted at trial that consumers were unaware of the extent of the risk of serious burns from spilled coffee served at McDonald’s then-required temperature.

McDonald’s admitted it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not.

In a story about the case (pdf) published shortly after the verdict was delivered in 1994, one of the jurors said over the course of the trial he came to realize the case was about “callous disregard for the safety of the people.” Another juror said “the facts were so overwhelmingly against the company.”

That’s because those jurors were able to hear all the facts — including those presented by McDonald’s — and see the extent of Mrs. Liebeck’s injuries. Ask anyone who criticizes the case as a “frivolous lawsuit” that resulted in “jackpot justice” if they have done the same.


https://www.caoc.org/?pg=facts






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The definition of the words we used, carry a meaning of their own...



 
Posts: 14160 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
No good deed
goes unpunished
Picture of cheesegrits
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I'd like to know how old the Matthews' child is.

As far as the McDonald's coffee case, there's more to that than a woman looking for an easy payday. She was 79 and was the passenger in a parked car. Her burns were 3rd degree. If you've never seen her injuries, they were pretty gnarly. McDonalds had multiple prior reports of burns, some 3rd degree, from spilled coffee and had settled some prior cases. The old woman asked to be reimbursed for medical bills that weren't covered and McD's refused; she sued, they lost, but the jury did find her partially responsible. I agree the courts are clogged with people playing lawsuit lottery and that it harms all of us. But every once in a blue moon, a business causes harm and should make the injured customer whole. What if a toddler had pulled that cup of coffee off a table and it dumped across their face? Perhaps holding coffee at 190 degrees isn't a safe practice.
 
Posts: 2694 | Location: The Carolinas | Registered: June 08, 2010Reply With QuoteReport This Post
A Grateful American
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I got candy corn at Halloween back in 1961. Nastiest thing I ever ate, made my upchuck all the good candy I had eaten.

Given the years of loss of consortium vis a vis "Trick or Treating", and the retroactive award factored with the return on investing said award from that time, someone owes me a fuck-ton of bananas.

What SIGforum Esq. wants to take my case pro-banana?

I prefer my coffee at 160 deg F. Anything more and it scalds my taste buds or (could) my monkey bits.




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
 
Posts: 44498 | Location: ...... I am thrice divorced, and I live in a van DOWN BY THE RIVER!!! (in Arkansas) | Registered: December 20, 2008Reply With QuoteReport This Post
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