The Real Details of the Hot Coffee Lawsuit

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Any time you find yourself in an argument about frivolous lawsuits and tort reform, someone’s probably going to bring up “that woman who sued McDonald’s over the hot coffee and won four ba-jillion dollars in damages.” The popular version of the story has a little something for everyone: a stalwart national company, the apparently absurd premise that someone would object to coffee being served hot, and a cash settlement that was large enough to be memorable.

Although the particulars of the case have been repeated so often that it has begun to sound like an urban legend, there really was a “hot coffee lawsuit.” How well do people remember the facts of the case that’s often used as the epitome of out-of-control litigiousness? Let’s take a look at 1994’s Liebeck v. McDonald’s Restaurants.

The world’s most infamous cup of coffee spilled on February 27, 1992 in Albuquerque, NM. Stella Liebeck, a 79-year-old grandmother, was a passenger in her grandson’s car when they drove through at a McDonald’s, and after she received her styrofoam cup of joe her grandson pulled the car forward and parked so Liebeck could mix in her cream and sugar.

Liebeck braced the cup between her knees, but when she tried to pull off the cup’s lid, the entire cup of coffee spilled into her lap. Although subsequent developments in the courtroom turned Liebeck and her case into objects of derision, it’s worth noting that she actually suffered legitimate injuries from the accident. Liebeck’s sweatpants absorbed the hot coffee and held it next to her skin, which helped lead to third degree burns on six percent of her body. Liebeck ended up spending eight days in the hospital and undergoing skin grafts to counter the effects of the burns.

Of course, most people who use the Liebeck decision to make a point about tort reform don’t do so to minimize the severity of Liebeck’s injuries. They’re blasting the apparent greed with which liability lawyers operate. It’s also worth noting, though, Liebeck apparently didn’t hear cash registers ringing immediately after she suffered the injuries. Liebeck had rung up around $11,000 in medical bills as a result of the accident, and she initially approached McDonald’s asking for $20,000 to cover her medical bills, future medical expenses, and lost income.

In a move McDonald’s surely lived to regret, the restaurant countered with a lowball offer of $800. The restaurant apparently used the same sort of common-sense logic that most people applied to the case when they heard about it; that is, if you spill coffee into your own lap the only person liable for the accident is you.

The please-go-away offer didn’t sit too well with Liebeck and her legal counsel, and although they made several other attempts to settle the case out of court at prices as high as $300,000, McDonald’s refused to blink. With no settlement in sight, attorney Reed Morgan filed a suit against McDonald’s to ask for $100,000 in compensatory damages and more in punitive damages since McDonald’s had been grossly negligent in selling Liebeck a “defectively manufactured” product. (Yes, the logic was that overheating coffee rendered the beverage defective and dangerous.)

McDonald’s asked for a summary dismissal of Liebeck case on the grounds that she was the actual cause of her injuries since she was the one who physically spilled the coffee. The trial judge rejected the motion, though, and told Liebeck and McDonald’s to attend a mediation session in a last-ditch attempt to hammer out a settlement. The mediator advised McDonald’s to settle for $225,000. McDonald’s – you may see a pattern emerging here – again scoffed at opening its coffers. Instead, the case went before a jury.

It’s safe to say that the impaneled citizens probably weren’t expecting to hear hours of testimony about the temperature of coffee when they got their jury duty notices in the mail. That’s what they heard, though. Over the course of the trial, Liebeck’s team established that McDonald’s had a policy of serving its coffee at temperatures ranging from 180 to 190 degrees Fahrenheit to enhance flavor and ensure that to-go cups were still warm when they reached their destinations. (The coffee that you brew at home probably comes out at around 140 degrees, so there’s a significant difference.) Moreover, experts testified that skin can burn quickly when contacted by liquids at these temperatures.

More damning, though, was McDonald’s own testimony. The company admitted that in the decade before Liebeck’s incident, upwards of 700 customers had filed complaints about its coffee causing burns. McDonald’s argued that the 700 complaints were only one for every 24 million cups of coffee sold, though, so the danger was statistically insignificant. (Note to any aspiring trial lawyers out there: it’s probably not a good idea to bring up statistical significance when there’s a severely burned grandmother sitting in front of a jury.)

The jurors only needed four hours of deliberation to arrive at their infamous verdict. The jury awarded Liebeck $200,000 in compensatory damages but dropped this sum to $160,000 since it felt Liebeck was 20-percent at fault for her accident. The real whopper, though, were the punitive damages against McDonald’s, which the jury pegged at $2.7 million. (That number reflected roughly two days’ worth of McDonald’s coffee revenues.)

The trial judge would later reduce the punitive damages to $480,000, but the media had already sunk its teeth into the $2.9 million total the jury returned. In truth, though, we don’t know how much cash actually changed hands between Liebeck and McDonald’s. Both parties appealed the trial judge’s reduced figure for damages, and the two parties eventually reached an undisclosed out-of-court settlement before the appeals were heard.

Regardless of where you stand on the merits of Liebeck’s legal case, it’s hard to deny the sweep of the infamous “coffee case.” McDonald’s now serves its coffee in a lower temperature range, and the warnings about the dangers of hot liquids seem to grow continuously. Liebeck died in 2004 at the age of 91, three years before McDonald’s added iced coffee to its menu.

17 Delicious Facts About Peeps

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Getty Images

You know whether you prefer chicks to bunnies, fresh to stale, or plain to chocolate-covered. But there’s a lot you may not know about Peeps, everyone’s favorite (non-chocolate) Easter candy.

1. It used to take 27 hours to make a Peep.

A candy Peep being made
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That was in 1953, when Sam Born acquired the Rodda Candy Company and its line of marshmallow chicks. Back then, each chick was handmade with a pastry tube. Just Born quickly set about automating the process, so that it now takes just six minutes to make a Peep.

2. An average of 5.5 million Peeps are made every day.

Peeps candies being made
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All of them at the Just Born factory in Bethlehem, Pennsylvania. In one year, the company makes enough peeps to circle the earth—twice!

3. Yellow chicks are the original Peep, and still the favorite.

Boxes of yellow chick Peeps
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Yellow bunnies are the second most popular color/shape combination. Pink is the second best-selling color.

4. The recipe has stayed pretty much the same.

Cooking up a batch of Peeps
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The recipe begins with a boiling batch of granulated sugar, liquid sugar, and corn syrup, to which gelatin and vanilla extract are later added. 

5. The equipment has also (mostly) stayed the same.

Peeps candies being made
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Since Just Born turned Peeps-making into an automated process, the chicks have been carefully formed by a top-secret machine known as The Depositor. Created by Sam Born’s son, Bob, The Depositor could manufacture six rows of five Peeps apiece in a fraction of the time it took workers to form them by hand. And that same machine that Bob built has been keeping the Peeps flowing ever since. Until rather recently …

In 2014, the company announced that it was planning to renovate its manufacturing plant, including The Depositor. “It’s a little sad,” vice president of sales and marketing Matthew Pye told Candy Industry Magazine at the time. “Bob Born made it from scratch in 1954 and it allowed us to distribute and grow the brand nationally." 

6. The updated equipment means new Peeps innovations could be coming.

Making Peeps at the Just Born factory
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“The investment in our marshmallow making process will allow for more efficiency, more consistency, improved quality, and additional innovation capabilities,” co-CEO Ross Born told Candy Industry magazine about the new depositor, which will be able to produce a wider variety of Peeps in all sizes. “The [old] Peeps line did one thing and one thing very well—cranking out chicks day in and day out. Five clusters, just in different colors,” Born said.

7. Peeps used to have wings.

They were clipped in 1955, two years after the first marshmallow chicks hatched, to give the candy a sleeker, more “modern” look.

8. The eyes are the final touch.

A close up of a yellow chick Peep
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The final flourish for all of these squishy balls of sweetness is adding the eyes, which are made of carnauba—a non-toxic edible wax (that is also found in some shoe polishes and car waxes, plus many other candies).

9. Peeps may be destructible, but their eyes are not.

Making Peeps at the Just Born factory
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In 1999, a pair of scientists at Emory University—dubbed “Peeps Investigators”—decided to test the theory that Peeps are an indestructible food. In addition to a microwave, the pair tested the candy’s vulnerability to tap water, boiling water, acetone, and sulfuric acid (they survived them all). When they upped the ante with some Phenol, the only things that didn’t disappear were the eyes. 

10. They really are everyone's favorite non-chocolate Easter candy.

For more than 20 years now, no other non-chocolate Easter candy has been able to compete with the power of Peeps. With more than 1.5 billion of them consumed each spring, Peeps have topped the list of most popular Easter treats for more than two decades.

11. There are sugar-free Peeps.

Counterintuitive, we know. But in 2007, the first line of sugar-free Peeps hit store shelves.

12. There are also chocolate-covered Peeps.

Chocolate-covered Peeps hit the market in 2010. Today there’s a full line of them for every occasion.

13. Peeps come in a variety of flavors.

Color and shape (i.e. yellow chick) are no longer the only ways to categorize a Peep. They now come in an array of flavors, including fruit punch, sour watermelon, lemon sherbet, blueberry, and pancakes and syrup.

14. Peeps lip balm is a thing.

Yep.

15. On New Year's Eve, a giant Peep is dropped in Bethlehem, Pennsylvania.


PEEPS®

The drop is done with a traditional chick that flashes different colors at midnight.

16. Believe it or not, Peeps are not Just Born's best-selling brand.

That honor belongs to Mike and Ike. (Sorry, Peepsters.)

17. They're a boon to a creativity.

Blue chick Peeps
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All over the country, Peeps have become the preferred media for a number of highly anticipated annual art contests. (You can check out some of the coolest creations from Westminster, Maryland's PEEPshow here.)

Updated for 2019.

10 Amazing Pieces of Peeps Art

“Edgar Allan Peep” by Christian Twamley / Courtesy of the Carroll County Arts Council
“Edgar Allan Peep” by Christian Twamley / Courtesy of the Carroll County Arts Council

Some people paint, some scrapbook, and others create Game of Thrones-inspired dragon sculptures made of 5000 marshmallow Peeps. Candy art may seem like an unusual form of craftsmanship, but it’s more common than you might expect in the lead-up to Easter, when organizations around the country host Peeps art contests.

The aforementioned dragon, as well as the artworks pictured below, were all submitted to the “PEEPshow” contest—a fundraiser for the Carroll County Arts Council in Westminster, Maryland. According to event organizers, the event became the first exhibition of Peeps art when it debuted 12 years ago.

Keep scrolling to see some of the best Peeps sculptures from recent years (2017-2019), and visit the Art Council’s website to see all of this year's participants. (As of Friday afternoon, a Warhol-inspired artwork of "Marilyn Peeproe" appears to be in the lead.)

A space-themed Peeps display
“First Peeps in Space” by International Delight / Courtesy of the Carroll County Arts Council

A samurai sculpture
"Sugar Samurai" by Tristar Martial Arts / Courtesy of the Carroll County Arts Council

The rabbit from Alice in Wonderland
“I’m Late, I’m Late (for the PEEPshow)” by Vivian Davis / Courtesy of the Carroll County Arts Council

A caterpillar sculpture
“The Very Hungry Caterpeeper” by Lia Finch and M / Courtesy of the Carroll County Arts Council

A sculpture inspired by a painting
“Peep with the Pearl Earring” by Sandy Oxx / Courtesy of the Carroll County Arts Council


“Edgar Allan Peep” by Christian Twamley / Courtesy of the Carroll County Arts Council

A Belle sculpture
“Beauty and the Peep” by Candace Birger, Westminster Cake Studio / Courtesy of the Carroll County Arts Council

Fish sculpture
“The Rainbow Fish” by Jen, Justin, Connor, and Jacob Myers / Courtesy of the Carroll County Arts Council

A Gumby sculpture
“Just Gumby” by Sydney Blacksten / Courtesy of the Carroll County Arts Council

A sculpture of a monster
“Percy the Purple Peeple Eater” by the Koontz Family / Courtesy of the Carroll County Arts Council

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