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Portland gas station attendant refused to sell gas to Black man over protest fires, lawsuit claims

OLD lie. She did not get that, she was third degree burned on her woowoo. They had been warned almost a hundred times, and fined, for the same thing. The coffee was SUPERHEATED, beyond boiling, ON PURPOSE.

Yes, and the lady took a superheated beverage in a cup clearly labeled HOT with an unsecured lid and tried to hold it with her thighs. It was a dual culpability case with McDonalds held responsible for the temperature of the beverage and the foolish lady held responsible for mishandling the beverage. That’s why a judge reduced the punitive award to only 20% and she ended up settling out of court for much less.
 
For real? There are stations that still employ gas pumpers in the U.S?

Yep. I don't think it's that many though. Here in NJ, we have gas attendants. It took a while getting used to it because I'm a native New Yorker where that isn't the case.
 
Yes, and the lady took a superheated beverage in a cup clearly labeled HOT with an unsecured lid and tried to hold it with her thighs. It was a dual culpability case with McDonalds held responsible for the temperature of the beverage and the foolish lady held responsible for mishandling the beverage. That’s why a judge reduced the punitive award to only 20% and she ended up settling out of court for much less.
Even that is a lie. She did NOt rip the lid off, with the cup between her legs. And you MUST remove lid to install sugar and cream. She simply did what she was supposed to.
 
Even that is a lie. She did NOt rip the lid off, with the cup between her legs. And you MUST remove lid to install sugar and cream. She simply did what she was supposed to.

Nonsense. It defies both common sense and the intended use of the cup to hold it with your thighs instead of your hands or a designated receptacle. Neither party was held 100% responsible.
 
Ever since the lady who clumsily spilled coffee on herself at McDonalds got $ 2.86 million dollars.

Liebeck v. McDonald's Restaurants,[1] also known as the McDonald's coffee case and the hot coffee lawsuit, was a 1994 product liability lawsuit that became a flashpoint in the debate in the United States over tort reform. Although a New Mexico civil jury awarded $2.86 million to plaintiff Stella Liebeck, a 79-year-old woman who suffered third-degree burns in her pelvic region when she accidentally spilled hot coffee in her lap after purchasing it from a McDonald's restaurant, ultimately Liebeck was only awarded $640,000. Liebeck was hospitalized for eight days while she underwent skin grafting, followed by two years of medical treatment.

Liebeck's attorneys argued that, at 180–190 °F (82–88 °C), McDonald's coffee was defective, claiming it was too hot and more likely to cause serious injury than coffee served at any other establishment. McDonald's had refused several prior opportunities to settle for less than what the jury ultimately awarded.[2] The jury damages included $160,000[citation needed] to cover medical expenses and compensatory damages and $2.7 million in punitive damages. The trial judge reduced the final verdict to $640,000, and the parties settled for a confidential amount before an appeal was decided.[3]

...

Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her daughter's[13] loss of income was approximately $5,000 for a total of approximately $18,000.

 
OLD lie. She did not get that, she was third degree burned on her woowoo. They had been warned almost a hundred times, and fined, for the same thing. The coffee was SUPERHEATED, beyond boiling, ON PURPOSE.
That was what the jury awarded her. Of course with all lawsuits what is awarded and what the person receives is two different figures.

Only a moron puts a cup of hot coffee between their thighs while attempting to drive.

Anything super hot or super sharp have no place that close in proximity to the family jewels. Just common sense.
 
That was what the jury awarded her. Of course with all lawsuits what is awarded and what the person receives is two different figures.

Only a moron puts a cup of hot coffee between their thighs while attempting to drive.

Anything super hot or super sharp have no place that close in proximity to the family jewels. Just common sense.
She did NOT put it between her legs. She did NOT drive that way, she pulled onto a parking spot. If a cup is SUPERHEATED, and requires the lid to be removed, DUH, you put a wedge, a lip or some device to make it safe. DUH.

The most important thing is, put all onus on individual, not the corp that was warned a HUNDRED TIMES.
 
I kind of wondered that too. When I get gas, I don't even speak to an attendant at all - I just stick the credit card in. (I also would fill up the can and my car rather than buying one gallon). He must have asked for a cash purchase, which the attendant would have to authorize.

Considering the attorney filed three similar lawsuits, I wonder if it was a setup. In the video the customer clearly is pressing for the attendant to say it's due to his race.
In Oregon I don't think you can pump your own gas. Legally it has to be done by an attendant.
 



I found this kind of interesting... food for thought here. Note that the customer was asking to put gas in a plastic container (not a car) to use for his lawnmower.

I could understand a gas station in downtown Portland having a policy to not put gas in containers - but that wasn't the issue here. The attendant apparently came up with that on his own (according to the owner). However, suing the gas station for $375K of damages is ridiculous, especially after the owner fired the attendant and apologized on the same day.
Trump’s Supreme Court will probably make this kind of racial discrimination legal again. Also, people live in cities. We shouldn’t have to drive 20 miles to fill up a plastic container.
 
Ever since the lady who clumsily spilled coffee on herself at McDonalds got $ 2.86 million dollars.

There was actually a lot more to that case, However, that lady had actual injury. This guy simply had to go to another gas station. He also got an immediate apology from the owner, and the attendant was fired. It's difficult to see what else the station could have done.
 
Yes.... and Greg Kafoury (the lawyer who filed four cases about this) sees the chance to make money.
Ambulance chasers will chase.
 
Trump’s Supreme Court will probably make this kind of racial discrimination legal again. Also, people live in cities. We shouldn’t have to drive 20 miles to fill up a plastic container.
1) It's not clear that it even was racial discrimination. The attendant simply said he wouldn't fill a plastic container. They actually were (and still are) having issues with people buying containers of gas to set things on fire in downtown Portland. Most of them are white.
2) It's absurd to make that type of statement about the supreme court.
 
Oregon is a mandatory full service state. You as the customer are not allowed to touch the gas pump.
I believe Oregon requires you gas to be pumped for you.
It's Oregon State Law that there is no "self-serve" gas. All gas needs to be pumped by an attendant.
This is not strictly true any longer. As I just posted, low-population counties (the eastern half of the state, basically) are no longer required to have expert attendants pump fuel for dumb drivers. Counties with higher populations (the western half) still assume city-folk are just too stupid to safely stick a nozzle into a hole and squeeze a handle. In three counties (Curry, Tillamook, and I can't remember the third but it's immediately north of Tillamook on the south bank of the Columbia River where it discharges into the Pacific) drivers are assumed to be smart enough to not immolate themselves between certain hours of the night, but for some reason their IQ drops precipitously with the dawn and attendants are required to pump during the day.
 



I found this kind of interesting... food for thought here. Note that the customer was asking to put gas in a plastic container (not a car) to use for his lawnmower.

I could understand a gas station in downtown Portland having a policy to not put gas in containers - but that wasn't the issue here. The attendant apparently came up with that on his own (according to the owner). However, suing the gas station for $375K of damages is ridiculous, especially after the owner fired the attendant and apologized on the same day.
Dirty lawyers and people who want something for nothing. Deweese wasn't harmed. He may have been pissed off but no harm was caused. The lawsuit is against the owner of the station who did nothing to DeWeese and offered restitution in the form of the firing and apologized.
 
This is not strictly true any longer. As I just posted, low-population counties (the eastern half of the state, basically) are no longer required to have expert attendants pump fuel for dumb drivers. Counties with higher populations (the western half) still assume city-folk are just too stupid to safely stick a nozzle into a hole and squeeze a handle. In three counties (Curry, Tillamook, and I can't remember the third but it's immediately north of Tillamook on the south bank of the Columbia River where it discharges into the Pacific) drivers are assumed to be smart enough to not immolate themselves between certain hours of the night, but for some reason their IQ drops precipitously with the dawn and attendants are required to pump during the day.
I've been traveling Oregon for decades from Portland to Klamath Falls and from Bend to Medford and I've never been allowed to pump my own gas.
 
Ever since the lady who clumsily spilled coffee on herself at McDonalds got $ 2.86 million dollars.
You mean the woman that had 3rd degree burns that had to actually have skin grafts because of those burns? She got punitive damages, because of McDonald's conduct...not because of the burns themselves. She spent a week in the hospital, was burned on 16% of her body and suffered for 2 years after the fact. She offered to settle for 20k....they should have jumped on it. McDonald's refused to settle


Moreover, the Shriner’s Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily causing serious scald burns by serving beverages above 130 degrees Fahrenheit.

In refusing to grant a new trial in the case, Judge Robert Scott called McDonald's behavior “callous.” Moreover, “the day after the verdict, the news media documented that coffee at the McDonald's in Albuquerque [where Liebeck was burned] is now sold at 158 degrees. This will cause third-degree burns in about 60 seconds, rather than in two to seven seconds [so that], the margin of safety has been increased as a direct consequence of this verdict.”

.)
 
This is not strictly true any longer. As I just posted, low-population counties (the eastern half of the state, basically) are no longer required to have expert attendants pump fuel for dumb drivers. Counties with higher populations (the western half) still assume city-folk are just too stupid to safely stick a nozzle into a hole and squeeze a handle. In three counties (Curry, Tillamook, and I can't remember the third but it's immediately north of Tillamook on the south bank of the Columbia River where it discharges into the Pacific) drivers are assumed to be smart enough to not immolate themselves between certain hours of the night, but for some reason their IQ drops precipitously with the dawn and attendants are required to pump during the day.
I think we're getting sidetracked. This was in Portland, which isn't considered a 'rural county'. From what I can tell, in this area, an attendant has to pump the gas. To the other 99% of the country (excluding New Jersey, which has it's own issues), this is weird.

The issue here wasn't really the pumping, but that the attendant refused to sell gas to someone putting it in a plastic container, rather than a car.
 
She did NOT put it between her legs. She did NOT drive that way, she pulled onto a parking spot. If a cup is SUPERHEATED, and requires the lid to be removed, DUH, you put a wedge, a lip or some device to make it safe. DUH.

The most important thing is, put all onus on individual, not the corp that was warned a HUNDRED TIMES.
Yes and No.
She did have the coffee cup between her knees. She was not driving as it was her grandson at the wheel.
And you are right McDonalds had received 700 complaints of super hot coffee.

McDonalds was definitely in the wrong here heating up coffee to 180-190 degree F. But a little common sense would tell you not to precariously place something that hot between your knees.
 



I found this kind of interesting... food for thought here. Note that the customer was asking to put gas in a plastic container (not a car) to use for his lawnmower.

I could understand a gas station in downtown Portland having a policy to not put gas in containers - but that wasn't the issue here. The attendant apparently came up with that on his own (according to the owner). However, suing the gas station for $375K of damages is ridiculous, especially after the owner fired the attendant and apologized on the same day.

I agree, stupid profiteering needs to end. Now not talking about real discrimination or evil doing, but this kind of stupid employee who did something ridiculous on his own should not cost the employer a penny, maybe a full can of gas as a sign of apologizing but not this kind of money. Sadly greed is eternal.
 
I think we're getting sidetracked. This was in Portland, which isn't considered a 'rural county'. From what I can tell, in this area, an attendant has to pump the gas. To the other 99% of the country (excluding New Jersey, which has it's own issues), this is weird.

The issue here wasn't really the pumping, but that the attendant refused to sell gas to someone putting it in a plastic container, rather than a car.

Which doesn’t raise any flags for me. I don’t know about Oregon, but in Ohio it’s illegal to pump gas into unauthorized containers.
 
Yes and No.
She did have the coffee cup between her knees. She was not driving as it was her grandson at the wheel.
And you are right McDonalds had received 700 complaints of super hot coffee.

McDonalds was definitely in the wrong here heating up coffee to 180-190 degree F. But a little common sense would tell you not to precariously place something that hot between your knees.
Then you explain how the comp expects folks to remove the lid?
 
I've been traveling Oregon for decades from Portland to Klamath Falls and from Bend to Medford and I've never been allowed to pump my own gas.
Yup, all those locations look to still be in the "you're too dumb to be trusted not to kill yourself" zone. You don't have to believe me. Look it up.
 
Then you explain how the comp expects folks to remove the lid?

For one thing I don't drink coffee but I suppose you hold the drink in one hand and use the other hand to lift the lid off.

My complaint is the escalating amounts people are suing for.

If this had been a mom and pop coffee stand the amount sued for would have been far less. Even though the pain and suffering would have been the same whether a Mom & Pop coffee stand or McDonalds the thought is when it is a corporation you hit the lottery.

She is due some compensation for certain but awarding $2.8 million seems excessive. To give some comparison, when I was 4 yrs old I was involved in a bloody fatal head on car collision. The other party crossed the white line and struck my mom's car. I received two broken legs and various lacerations. I was awarded a settlement that I would have to wait until I was 21 to receive it. When I hit 21 I received $1,500 after 15 years of collecting interest. I realize that is quite a few years ago but there is no comparison in compensation.

I think the guy at the gas station thought he won the lottery too.
 
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