New Millionaire

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 5, 2004, 4:08 pm

This shit makes me so mad. Very disgusting and reprehensible act by their staff, but I just don't agree with what will happen within the next year when she becomes a millionaire from this.

http://www.cnn.com/2004/US/Midwest/03/0 ... index.html

Vetiria · Post by **Vetiria** » March 5, 2004, 4:11 pm

Not only does she deserve compensation for putting someone else's bloody finger tip in her mouth, but that place needs to be shut down for not throwing out any and all food in the surrounding area.

Lalanae · Post by **Lalanae** » March 5, 2004, 4:22 pm

How does someone lose the tip of their thumb and not know? I don't get how it got in there!

Burke · Post by **Burke** » March 5, 2004, 4:30 pm

I think she will get thumb sort of compensation for this, I bet she didn't leave a tip.

Arborealus · Post by **Arborealus** » March 5, 2004, 4:34 pm

Lalanae wrote:How does someone lose the tip of their thumb and not know? I don't get how it got in there!

when it was severed, the severed bit fell into the lettuce and no one looked for it there apparently...really hard to tell how big the piece was but it sounds like it was fairly small...

kyoukan · Post by **kyoukan** » March 5, 2004, 4:35 pm

somebody finds a finger in their salad and the first thing that pops into your head is how the fucking liberals are destroying america because she might sue for compensation.

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 5, 2004, 4:44 pm

kyoukan wrote:somebody finds a finger in their salad and the first thing that pops into your head is how the fucking liberals are destroying america because she might sue for compensation.

Isn't it terrible how I try and look at the big picture? Instead of talking about how lucky she is that she is going to be rich and never have to work another day in her life, like the other idiots in my office at the moment. Yeah being narrow minded and selfish is a much better way to be huh Kyo?

kyoukan · Post by **kyoukan** » March 5, 2004, 4:49 pm

why don't you list for me some big multi million dollar payouts as a result of finding foreign objects in food at restaurants before you fly off on another rampage of stupidity.

I'll start you off with a tip: there aren't any.

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 5, 2004, 4:56 pm

uh-huh

Sirensa · Post by **Sirensa** » March 5, 2004, 6:58 pm

Midnyte_Ragebringer wrote:uh-huh

And "uh-huh" is very similar to whatever, but with a tinge of superior sarcasm to it.

The superior sarcastic value of "uh-huh" may diminish with overuse.

Mind you don't wear it out. We wouldn't want it to stop being witty and creative!

Marbus · Post by **Marbus** » March 5, 2004, 7:43 pm

Well if the person dosen't have AIDS or Hepititus or anything I don't think she should get much. I do agree that the business needs to be evaluated though.

Personally I think there are too many bogus trials in the country... example, people suing McDonalds because they are fat etc... but this truly was something not of her own doing. She just bought a salad and could wind up with some rare disease and I'm quite sure there will be some psychological trauma over it... ie she probably won't be getting a salad again anytime soon

However I think what Mid is suggesting is that it will be blown completely out of proporation like many other small incidents in this country.

Back in the early 90 my roommate and I were eating at Taco Bell and he found a whole fingernail that had been ripped off from the quick and still had a little flesh attached to it. It was quite disgusting, he took it back up and got his money back... and didn't eat at that TB for probably another 5 years or so. Suing never crossed his mind though... back then who would have thought you could get rich off someone elses mistake, he was just happy to get his money back for the meal

That being said I bet this person is looking for some cash, simply because it's already hit the media. Not saying she shouldn't get something I guess to cover her expenses but giving her more than that just costs the rest of us more money.

As I have said in other things, if people are truly in need or truly hurt, help all you can but use common sense about it...

Marb

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 6, 2004, 5:18 am

Marbus wrote:
However I think what Mid is suggesting is that it will be blown completely out of proporation like many other small incidents in this country.

Marb

Aye Marb.

When the people at work today said, "You'd sue and get rich off it don't lie!", they walked away in disbelief when I told them no I wouldn't. I would try to use the media attention I get to express my disdain for people who rape the system and get rich off of mistakes. I just wouldn't sleep well at night doing something like that.

Tonight, for example, a guy handed me 2 twenty dollar bills for a 23.64 order (I deliver pizza on Fridays to help supplement my shitty income), and said to me to just give him back two bucks. I said, "Are you sure?". Then I showed him he gave me two twentys dollar bills as opposed to a twenty and a ten. He thanked me numerous times. I took my 4 dollar tip and was happy. Anyways it's late, I need sleep. Night night. See you in my dreams Kyo.

Arborealus · Post by **Arborealus** » March 6, 2004, 5:33 am

Nearly consuming someone else's finger could, depending on the person be extremely traumatic...

Sirton · Post by **Sirton** » March 6, 2004, 5:36 am

How does someone lose the tip of their thumb and not know? I don't get how it got in there

Very Easy...I had the tip of my left thumb hacked off with a very fine blade at extreme speed. It only felt like the finger was thumped or flicked not severed off, because of the overflow of nerve impulses and also the severing of nerve ends in the particular area. I didnt notice till a few minutes later, I was pretty busy. When I did notice there was this dangling object hanging from my thumb(or ya can say the object was my thumb) and then I saw some blood dripping out. Maybe this particular persons cut was abit less than mine, but I could imagine it. Now with my thumb you can't tell it happened anymore and about 80% of the feeling is back.

Zaelath · Post by **Zaelath** » March 6, 2004, 6:51 pm

Midnyte_Ragebringer wrote:uh-huh

Oh, is this a star pharm?

Truant · Post by **Truant** » March 6, 2004, 7:03 pm

I hope Midnyte finds a severed finger in his next meal out.

Markulas · Post by **Markulas** » March 6, 2004, 7:42 pm

I doubt I would have the willpower not to sue. It's kinda like your lucky day when you find a finger tip in your salad. Yummy.... bwahah

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 6, 2004, 7:59 pm

Zaelath wrote:
Midnyte_Ragebringer wrote:uh-huh
Oh, is this a star pharm?

Partly.

Akaran_D · Post by **Akaran_D** » March 6, 2004, 8:01 pm

I'm sorry. I don't think I'd mind eating people if they're properly cooked, but in a salad? Screw that.

Yes, I'd sue. Yes, I think the court system is tied up in frivolities like people dumping hot coffe on themselves (Done that with hot tea, then accidently dumped my McFlurry ontop of THAT in my haste to clean it up in the car on interstate... thank all I wasn't driving) but a FINGERTIP in my salad?

Nope, sorry.

And I need the cash.

Too many ill relatives around here.

kyoukan · Post by **kyoukan** » March 6, 2004, 9:13 pm

Still waiting for my apparently mountains of examples where people have sued for enormous amounts of money for finding something in their food and won.

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 6, 2004, 9:31 pm

kyoukan wrote:Still waiting for my apparently mountains of examples where people have sued for enormous amounts of money for finding something in their food and won.

Well maybe if you care so much you'll buy a subscription to an online law library and spend hours researching it. In two seconds I was able to pull up news articles on numerous articles talking about how a person filed a lawsuit for 7 million against ABC Restaurant for finding object in food, but no end results. I thik that's why they settle cases like this. They don't make the news as much. /shrug

Akaran_D · Post by **Akaran_D** » March 6, 2004, 9:42 pm

Copy and paste them here Mid.
We're intersted - and some of us don't have enough money to put foward to online law databases.

Arborealus · Post by **Arborealus** » March 6, 2004, 9:51 pm

Punitive damages in Ohio require:

Clear and convincing evidence of malice, aggravated or egregious fraud, oppression or insult (Ohio Rev. Code §2315. 21)

So I can't see there being a case for Punitive Damages here...

Actual damages...she would certainly be entitled to...but they wouldn't be much in all probability...

Lynks · Post by **Lynks** » March 6, 2004, 9:57 pm

If anything, the restaurant will probably settle outside of court and toss her 1000$.

Arborealus · Post by **Arborealus** » March 6, 2004, 10:08 pm

Midnyte_Ragebringer wrote:
kyoukan wrote:Still waiting for my apparently mountains of examples where people have sued for enormous amounts of money for finding something in their food and won.
Well maybe if you care so much you'll buy a subscription to an online law library and spend hours researching it. In two seconds I was able to pull up news articles on numerous articles talking about how a person filed a lawsuit for 7 million against ABC Restaurant for finding object in food, but no end results. I thik that's why they settle cases like this. They don't make the news as much. /shrug

Interesting...I can't find one article on this...please provide the link...

Dregor Thule · Post by **Dregor Thule** » March 6, 2004, 10:22 pm

THAY ARE THERE YOU LIBERAL EVIL-DOING NINCOMPOOPS ARE JUST TOO BLINDED BY THE JEW MEDIAS BRAINWASHING TO SEE TEH TRUTH OF THE BODY PART LAWSUIT FIASCOS!

kyoukan · Post by **kyoukan** » March 6, 2004, 10:40 pm

Obviously the leftist media conglomerates are stifling my attempts to find a single example of a large lawsuit payout due to foreign objects found in food in a restaurant. The Clinton administration has a lot of explaining to do.

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 7, 2004, 12:11 am

http://www.dailyiowan.com/news/2004/01/ ... 5223.shtml

is the first link I found. I really don't know why you are detracting from the conversation again, but tis your way I guess.

Marbus actually answered your original rant about past cases. But, as usual you don't read.

Like, I said before, I'm sure there are cases. Just because we can't find them on the internet doesn't mean they don't exist. Thus, my suggestion to look in a law library site, etc.

Arborealus · Post by **Arborealus** » March 7, 2004, 12:23 am

Midnyte_Ragebringer wrote:http://www.dailyiowan.com/news/2004/01/ ... 5223.shtml

is the first link I found. I really don't know why you are detracting from the conversation again, but tis your way I guess.

Marbus actually answered your original rant about past cases. But, as usual you don't read.

Like, I said before, I'm sure there are cases. Just because we can't find them on the internet doesn't mean they don't exist. Thus, my suggestion to look in a law library site, etc.

Or maybe you aren't finding them because they are urban myth?

I have found references to plenty of foreign object in food case law...The largest I could find was 315,000 in actual damages 500,000 in exemplary damages because the restaraunt failed to exercise due diligence in informing customers they had been exposed to Shigella

The reason you aren't finding these cases with multimillion dollar awards for foreign objects in food...is because they don't exist...

There are some large awards in cases where a restaurant failed to make reasonable efforts to inform people exposed to toxins/pathogens, or actually made efforts to conceal such etc...

Foreign objects in food cases typically are settled with awards based on actual damages (ie dental bills, medical bills etc) and seldom involve punitive damages at all.

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 7, 2004, 1:30 am

Well if that's the case Arbor. I am pleased. That's very good to hear.

My disgust is with the mentality of people thinkign they hit a jackpot when these things happen. In this particular case I'm am glad t hear that she probably won't. But in many other cases they do.

For example, a lady at work last month fell on the ice in the parking lot and broke her ankle. She hasn't been back to work yet and a friend of hers who works with us also, says she is looking into suing the bank we work at.

It's the get rich quick mentality that irks me and that made me post this in the first place.

Kyo made it about this singular example to deter from us discussing this mentality. I would like to hear people's thoughts on this mentality and the destruction it causes.

Arborealus · Post by **Arborealus** » March 7, 2004, 1:44 am

Oh there are plenty of folks who want to play the system...all awards for punitive damages are subject to judicial review and a lot of states have maximum awards set...

Marbus · Post by **Marbus** » March 7, 2004, 2:15 am

One thing I'll add from my last post... there are two problems here.

1. If she dose not sue, I'm sure she will get no compensation. While I don't think she should get rich, I do think they should cover medical tests and any short term trauma therapy.

2. Because #1 is usually the case people know they won't get their expenses covered so they sue to at least break even... then they talk with a lawyer who fills their head full of dreams and easy money... need I say more.

It's a visious circle...

Rant
On another note though I'll point out that sometimes suing IS the right choice. My father went if for minor nose surgery (clean out his sinuses) back in 94. The Dr. did like 10 of these a day... or more. Dad has it done, comes home and a day later passes out in the floor convulsing. Turns out the Dr, who was needlessly in a hurry (already had his Million dollar home) actually slipped and cracked Dads skull. As the instrument was being used to clean out impacted sinuses it was contaminated. My father was in a Coma for 4 days, jump started twice and filled with more antibioitics than "the Drs had ever given before."

It was our understanding that the because the tissue was all so close, it just happened. Oh well, we were gald to have him alive, even if he would have to retire early, get a 10 time stronger eye perscription look 10 years older due to the trauma. However right after we left the hospital we recieved an anonymous envelope (large one in fact) with X-Rays in it. Upon examination it was easilly apparent that his skull had been cracked while under in the initial proceedure. Happy to be alive though, working his whole life honestly, he didn't believe in suing people.

While I don't believe in frivilous lawsuits, this was an exception. The physician had lied to us. Heading to Medical School (which I eventually never did) the next year I was furious. I kept telling my father he should sue this bastard for at least 23 million, if he didn't want the money, give it away, cover the hospital bills and live on your retirement that's fine... but make it so high he can't get malpractice insurance.... if you don't, he will kill the next person.

Dad didn't listen, suing was "wrong" in his book, no matter what the reason. Over the next two and a half years he retired and began working part-time at a convience store to help make ends meet. During the last 6 months before the 3 year mark he begain to hear from people in the store numerous stories about the same Dr... eventually hearing that one of the ladies he grew up with had lost her son, who was a little older than I was, due to the exact same thing that happened to Dad... two years after his though. We talked, it really upset him but he did the right thing and filed a lawsuit just befor the three year mark... Once he did, so did many of the others in the community and the Dr. left the state and now resides in TN... many of those lawsuits are still pending..................

However a little over 4 years ago, a month before the trial and a month after my mom retired so they could spend the rest of their lives together, my father had a massive heart attack. A month earlier his heart specialist said he had madd an amazing recovery after what happend in the mid 90s. He had been working out and looked 20 years younger. However all the trauma had loosened some plaque which broke off ripping through the midsection of his Heart, the muscle was still good but useless... After 3 days in a Coma and 2 hours of trying to defib and stabalize I told the Dr. to call it... Mom, his brother and everyone else couldn't...

Due to the Dr. bills from the initial incident and the heart attack my parents were already in financial ruin. Against my advice Dad had checked his retirement so that he would get an extra $200 a month as long as he lived but mom got nothing... two months before his death due to bills they had refianced the initial medical bills into the mortage without credit-life. That left Mom with a $100,000 house note, $25K from the heart attack and all their bills to pay on her teachers retirement...

So because my Dad didn't sue, another person died and many others were injured. I also have to believe that if he had sued earlier he might not have had the Heart attack as his stress would have been minimal... at least my 60 year old mother wouldn't be working long hours in Special Education for little or nothing and still not able to make enough to put food on her table without help... So sometime, it is right to sue.

Marb

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 7, 2004, 2:32 am

Jesus Marb I'm sorry to hear that. I would agree in a case like that suing is necessary for sure. Not to become a millionaire though, but to be "properly" compensated".

Nilaman · Post by **Nilaman** » March 7, 2004, 3:52 am

So I was munching on some popular brand of ice cream one day. Put the spoon in my mouth and munched a bit when I found something not quite like ice cream. I pulled a hair out of my mouth that was a little over half the length of my arm. I was on a raid at the time so the guild heard all about it.

I did not sue. However I did not finish the ice cream to see if there was any other goodies. It did turn me off from ice cream for a bit though. Granted it is not the same as a fingertip, but still, it is silly to sue for shit like that. It did not kill me. It did not hurt me. And I am back to munching on ice cream.

kyoukan · Post by **kyoukan** » March 7, 2004, 4:16 am

Midnyte_Ragebringer wrote:For example, a lady at work last month fell on the ice in the parking lot and broke her ankle. She hasn't been back to work yet and a friend of hers who works with us also, says she is looking into suing the bank we work at.

The bank was negligent by not clearing the ice from their parking lot. For 25 cents worth of salt they could have very easily avoided a lawsuit which could cost them 10s of thousands of dollars (although I'm sure in your imaginary world she would get a billion from a liberal jury run by a commie judge who hates george bush and apple pie). If she sues for a couple of hundred thousand and wins or settles for a significant amount, then the next time the parking lot freezes over do you think the bank is going to get off their lazy asses and fucking salt it? Probably. Do you think they would give a flying shit if someone slipped in their parking lot and busted their ankle seventeen times a day if they weren't financially responsible if it happens? No.

Kyo made it about this singular example to deter from us discussing this mentality. I would like to hear people's thoughts on this mentality and the destruction it causes.

Because it was a stupid fucking bullshit example. You cite an article about some getting a digit in their ham salad sandwich and go off on a tangent about million dollar lawsuits and tort reform. The two do not correlate with one another. You might as well have posted an article about the hubble telescope and went into one of your poorly thought out and stupid rants about liberals. You're a fucking moron. Christ are you ever a fucking moron.

Were you actually born this stupid or did you have to go on a quest and slay a stupid dragon?

Spankes · Post by **Spankes** » March 7, 2004, 4:29 am

Lets keep in mind, also, that most lawsuits that are for crazy amounts are dreamed up an executed by the lawyers who solicit business...not from the every day Joe or Jane.

You want to bitch about lawsuits and whatnot then perhaps you should be looking in to mass tort reform...that is what costs us the most money in the end through insurance, jacked up drug costs, etc. You know, instead of going crazy about what people find in their food and what they might do about it.

Marbus · Post by **Marbus** » March 8, 2004, 2:09 am

Damn... see I guess I just don't think correctly. I slipped on the ice a couple of years ago at work when I had to come in during an ice storm (generators didn't all come up so we were ready on the servers just in case we didn't the get final one back online). Broke my ankle too, went to the Dr. the next day, had it set, got a brace and was back at work on as soon as the roads were clear... (two days) never even crossed my mind it was the company's fault. Yea they called me in... but they weren't responsible for the ice... come on... if there is ice on the asphalt, BE CAREFUL! if you bust your ass, get up and go to the Dr... I'm sure the Bank offered Heath Insurance if she was full time. Guess she could ask for the deductable but a broken ankle dosen't keep you down but a couple of days at most...

Marb

Mak · Post by **Mak** » March 8, 2004, 10:14 am

kyoukan wrote: Because it was a stupid fucking bullshit example. You cite an article about some getting a digit in their ham salad sandwich and go off on a tangent about million dollar lawsuits and tort reform. The two do not correlate with one another.

I don't think he's completey without grounds to correlate the two. I didn't read all of these, and we may not be talking millions of dollars, but there certainly seem to be enough examples of frivolous lawsuits to at least assume that this woman could seek a great deal of cash.

Chidoro · Post by **Chidoro** » March 8, 2004, 11:15 am

I think you will find a whole lot more lawsuits that are considered frivolous between companies rather than cases of supposed negligence of a person vs a company.

And in the ankle breaking scenario, why should her insurance company be responsible(that is if she even has insurance) when it wouldn't have occured if the bank took the proper precautions and throw a little salt and/or sand down.

People aren't running off w/ wads of cash because of this. And you claim people are swept up by the media, holy crap are you the pot calling the kettle

Midnyte_Ragebringer · Post by **Midnyte_Ragebringer** » March 8, 2004, 1:35 pm

Marbus wrote:Damn... see I guess I just don't think correctly. I slipped on the ice a couple of years ago at work when I had to come in during an ice storm (generators didn't all come up so we were ready on the servers just in case we didn't the get final one back online). Broke my ankle too, went to the Dr. the next day, had it set, got a brace and was back at work on as soon as the roads were clear... (two days) never even crossed my mind it was the company's fault. Yea they called me in... but they weren't responsible for the ice... come on... if there is ice on the asphalt, BE CAREFUL! if you bust your ass, get up and go to the Dr... I'm sure the Bank offered Heath Insurance if she was full time. Guess she could ask for the deductable but a broken ankle dosen't keep you down but a couple of days at most...

Marb

I'm falling in love with you all over again old friend.

When there is ice on the ground, I try and be careful. I f I fall it's because ummmm I fell. I don't expect perfection from anyone. I don't expect everyone to adapt to me. I don't expect people to clear every path I may take.

Voronwë · Post by **Voronwë** » March 8, 2004, 1:54 pm

wtf is this. EQ players saying they don't want $400,000 to stay home and play computer games all day?

Marbus · Post by **Marbus** » March 8, 2004, 2:12 pm

Exactly Mid, unless they are All-Knowing you could always take a path different than what they cleared OR it could, dare I say... KEEP ICEING! Thus any path cleared could be dangerous again in a matter of minutes. If they bank closed people could complain about that, if they stay open people want them to take responsibility for the weather? lol...

Again, I will state that there are occasions when it is right to sue and sometime people DO need to make business stand up and take notice but like I've said before... we should all use a little more common sense, including the lawyers.

Please note though that Vor is correct as welll

If I did have a vaild reason, not sure what that would be but going to leave it at that for the sake of arguement, I would LOVE to stay home all day and play EQ... hell if that had happend I might have actually gotten to 60

Marb

Chidoro · Post by **Chidoro** » March 9, 2004, 8:31 pm

Marbus wrote: Again, I will state that there are occasions when it is right to sue and sometime people DO need to make business stand up and take notice but like I've said before... we should all use a little more common sense, including the lawyers.

Let's say, for the sake of argument, you're in a rush to pick up a child after work. You know the bank closes at a ridiculously early hour (we should all work their schedule) but you HAVE to check that check deposited to clear payments and bills that you'll be writing in a day or two. You get out of your car and your thinking about what you're going to make for dinner, and you're pissed at something that happened at work, and if you'll be late to pick your child up if you don't catch that damn light and get into the fucking bank before it closes.

You get out, and you have a ton on your mind, and you fall and BREAK YOUR FUCKING ANKLE because the bank was FUCKING LAZY. Why is that seeking unecessary damage?

All you have to ask is is, "Would this have happened if the bank took REASONABLE precautions due to the incliment weather"? No, than guess who's lazy ass fault it is? That's right, the bank that opened for business and didn't do shit to protect their employees and their clientel. It's fucking salt not silver

Zaelath · Post by **Zaelath** » March 9, 2004, 8:38 pm

Lay off bank staff =( They work 8 hour days, and for shit pay. Sometimes more than 8 since they stay longer, sometimes much much longer, to work out why the cash didn't balance...

Marbus · Post by **Marbus** » March 10, 2004, 12:39 am

Chidoro I don't think, maybe I did I'll reread what I posted, say that they weren't responsible for ANY damages. Truly it's not their fault though really, in your post you say that the person wasn't thinking they have 10 million things on their mind. If they HAD taken the time to be careful then it "might" not have happend.

I guess the "might" is the problem. If the Bank TOTALLY neglected the driveway then they would probably actaully be more careful because they could see all the ice etc... What I'm saying is that shouldn't be responsible for an unreasonable amount, again just use common sense. The person was in a hurry, not paying attention and busted their ass... technically their falut. If they did the exact same thing at home are they going to sue the builder or their spouse or possibly themselves? No, of course not. However the bank being a place of business has $$$. Maybe they cover her time off, maybe the Dr. bills as well... couple of grand... but not some outrageous amount...

This thread initially started about a finder in someone's salad... much worse, at least in possible outcomes than breaking your ankle.

Here is one last thought on this... do you think other countries have this problem? Can someone from Europe comment on this? To me it would just seem halarious, like a Python skit or something, to see someone going into a place of business in Norther German, or Iceland or somewhere and telling the owner to pay up because they fell down... maybe I'm wrong. Thoughts?

Marb