No reasonable expectation of a bike on the side of the road

[TimC]

http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentenced_for_bicyclists_death

Could only happen in the US, or could it?

Downloading ringtones instead of driving does not fit the legal
definition of recklessness.

Little Miss Ringtone is not going to have to live with it the rest of
her life; she appears perfectly capable of having completely gotten
over it already:

http://community.livejournal.com/roadies/328099.html

--
TimC
I'm doing a (free) operating system (just a hobby, won't be big and
professional like gnu) for 386(486) AT clones. -- Linus Torvalds, 1991

 

[cfsmtb]

Just the thing to read on a quiet Saturday morning, now I'm off to inappropriately rearrange the furniture and kick a few things.

 

[Donga]

TimC wrote:
> http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentenced_for_bicyclists_death
>
> Could only happen in the US, or could it?

This is the country where a driver can sue a fast food shop for making
the coffee too hot, causing scalding when he spills it on his crotch
WHILE DRIVING. Surely a half-sensible judge, such as Judy, would say,
"You were drinking coffee while in charge of a two-ton lethal weapon?
Get out of my court you idiot."

Donga

 

[Dave Hughes]

On Fri, 01 Dec 2006 17:03:51 -0800, Donga wrote:

> This is the country where a driver can sue a fast food shop for making
> the coffee too hot, causing scalding when he spills it on his crotch
> WHILE DRIVING.

*She*.

Said plaintiff asked for medical expenses, and was awarded $BIGNUM because
defendant had been warned about too hot coffee on a number of occasions. A
contributing factor to the accident was that the coffee was too damn hot
to drink, and caused severe scalding. Coffee should be cooler to allow
immediate consumption (and better flavour, though that's obviously not a
concern in this instance). Increasing the temperature makes it last longer
in the pot so it can be sold over a longer period.

Drinking coffee in the car is stupid, though I've done it in the past [1].
But you can't exactly use that as a defense when you've sold the coffee
from a drive through window.

[1] I've done some very stupid things. I probably will do lots more stupid
things. But I'm learning...

--
Dave Hughes | [email protected]
"We live in the interface between radioactive molten rock and hard
vacuum and we worry about safety." -- Chris Hunt

 

[RV]

On 1 Dec 2006 17:03:51 -0800, "Donga"
<[email protected]> wrote:

>
>TimC wrote:
>> http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentenced_for_bicyclists_death
>>
>> Could only happen in the US, or could it?
>
>This is the country where a driver can sue a fast food shop for making
>the coffee too hot, causing scalding when he spills it on his crotch
>WHILE DRIVING. Surely a half-sensible judge, such as Judy, would say,
>"You were drinking coffee while in charge of a two-ton lethal weapon?
>Get out of my court you idiot."
>
>Donga

I agree completely with that judgement.

I think anyone who makes a coffee that, after sitting for some period,
is still capable of scaulding human flesh, should be charged with
greivous bodily harm and thrown in hail for 25 years.

And in particular any clown that makes a chino or latte that as
capabale of burning flesh with milk at a greater temp than boiling
water, should get 30 years.
These mop jockeys have no concept that the milk is quite capable of
reaching temperatures above boiling water.
They chrun it under steam until they have to hold the jug with a glove
and cant touch the side of it.

I just turn around the leave the shop at that point right there.
Go find another shop where they know what they are doing with coffee.

 

[TimC]

On 2006-12-02, RV (aka Bruce)
was almost, but not quite, entirely unlike tea:
> On 1 Dec 2006 17:03:51 -0800, "Donga"
> <[email protected]> wrote:
>>This is the country where a driver can sue a fast food shop for making
>>the coffee too hot, causing scalding when he spills it on his crotch
>>WHILE DRIVING. Surely a half-sensible judge, such as Judy, would say,
>>"You were drinking coffee while in charge of a two-ton lethal weapon?
>>Get out of my court you idiot."
>
> I agree completely with that judgement.
>
> I think anyone who makes a coffee that, after sitting for some period,
> is still capable of scaulding human flesh, should be charged with
> greivous bodily harm and thrown in hail for 25 years.

That's a cruel and unusual punishment! What size is this hail? The
size of golfballs? They would kill! Or, the just 25 constant years
of little pea sized hail? That would be pyschological torture.

> And in particular any clown that makes a chino or latte that as
> capabale of burning flesh with milk at a greater temp than boiling
> water, should get 30 years.
> These mop jockeys have no concept that the milk is quite capable of
> reaching temperatures above boiling water.
> They chrun it under steam until they have to hold the jug with a glove
> and cant touch the side of it.

It was McDonalds; what do you expect?

I was desperate, and it was the weekend. I went to Subway with Mum,
and we got our food, she got a cappuccino, and I got a latte. When we
got served, they said "this is the strong one, this is the weak one".
Incidentally, they looked identical and were served in identical mugs.
Bloody country bumpkins -- wouldn't know good coffee if it was poured
in their face.

--
TimC
Being certified means I can legally be employed as a chain-sawyer. That means
that now the company can send me after spammers without running afoul of
occupational health and safety regulations. -- Anthony de Boer in ASR

 

[cfsmtb]

That's a cruel and unusual punishment! What size is this hail? The
size of golfballs? They would kill! Or, the just 25 constant years
of little pea sized hail? That would be pyschological torture.

That would be akin to stoning! I've suffered bruising across the shoulders from extremely large hail, ie: trying to hunch over to protect myself. Not one of Mother Natures most enjoyable party tricks to endure.

Back on topic, you sure that myspace account is *her*? Sounds like a right disconnected chickie babe, complete with her liking for xtian ROCK. Oh yeah baby.

 

[beerwolf]

TimC wrote:


> It was McDonalds; what do you expect?
>
> I was desperate, and it was the weekend. I went to Subway with Mum,
> and we got our food, she got a cappuccino, and I got a latte. When we
> got served, they said "this is the strong one, this is the weak one".
> Incidentally, they looked identical and were served in identical mugs.
> Bloody country bumpkins -- wouldn't know good coffee if it was poured
> in their face.
>

Was it instant coffee? I have been served instant coffee 'cappucino' in
country towns - the last time was August, on the far north coast, at $3
per cup.

To get back on topic, I visited the blog of that airhead who mowed down
the cyclist. Sounds traumatised, doesn't she? Not.

--
beerwolf
(To reply by email, remove numbers from my address)

 

[Dave Hughes]

On Sat, 02 Dec 2006 13:47:38 +1100, TimC wrote:

> I was desperate, and it was the weekend. I went to Subway with Mum,
> and we got our food, she got a cappuccino, and I got a latte.

The last time I saw someone who liked coffee order one in Subway, they
came *very* close to vaulting the counter to make it themselves.

Not that we urging him on or anything.

--
Dave Hughes | [email protected]
Researchers in Fairbanks Alaska announced last week that they have
discovered a superconductor which will operate at room temperature.

 

[Donga]

Dave Hughes wrote:
> Drinking coffee in the car is stupid, though I've done it in the past [1].
> But you can't exactly use that as a defense when you've sold the coffee
> from a drive through window.

On that logic, they wouldn't sell anything through a drivethrough.
Drinking a coffee would be barely more careless than scoffing a Mac.
You have to assume the driver takes care of their own duty of care.

Donga

 

[cfsmtb]

**Invalid Friend ID.
This user has either cancelled their membership, or their account has been deleted.**

Well that was swift wasn't it? Although I did nothing other than read her apparent myspace pages, it looks as if other viewers may of taken umbrage, probably with her template's complete lack of style & taste.

 

[John Everett]

On Sat, 2 Dec 2006 11:22:35 +1100, TimC
<[email protected]> wrote:

>http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentenced_for_bicyclists_death
>
>Could only happen in the US, or could it?

Not just in the US, but Illinois; which has a history of discounting
the rights of cyclists. Note that the State's Attorney in defending
her decision to not press for a more serious charge said, "...the
driver could have no reasonable expectation of a bike on the side of
the road."

If you want another prime example of Illinois' official attitude with
respect to cyclists, do a Google search for "Boub Decision".

John Everett - Aurora, Illinois, USA


jeverett3<AT>earthlink<DOT>net http://home.earthlink.net/~jeverett3

 

[Friday]

TimC wrote:
> On 2006-12-02, RV (aka Bruce)
> was almost, but not quite, entirely unlike tea:


> Bloody country bumpkins -- wouldn't know good coffee if it was poured
> in their face.
>

I object to that!
I'm a country bumpkin and I WOULD know a good coffee if it was poured on
my face. Don't you think us country bumpkins ever get coffee poured on
our faces?

Friday

 

[TimC]

On 2006-12-02, cfsmtb (aka Bruce)
was almost, but not quite, entirely unlike tea:
>
> **Invalid Friend ID.
> This user has either cancelled their membership, or their account has
> been deleted.**
>
> Well that was swift wasn't it? Although I did nothing other than read
> her apparent myspace pages, it looks as if other viewers may of taken
> umbrage, probably with her template's complete lack of style & taste.

That's what I was thinking

As to your earlier question -- I wasn't sure, but the LJ post and
comments below claimed it was in one of her earlier blogs until she
locked it.

Of course, it could be the myspace equivalent of a Joe Job.

--
TimC
They skip the teaching of "8" and "G" in the public schools as part of
the "No Child Leaves Behinded" program. Too spendy.
-- Whosetitanelbow in ARK

 

[Stuart Lamble]

On 2006-12-02, Dave Hughes <[email protected]> wrote:
> On Fri, 01 Dec 2006 17:03:51 -0800, Donga wrote:
>> This is the country where a driver can sue a fast food shop for making
>> the coffee too hot, causing scalding when he spills it on his crotch
>> WHILE DRIVING.
>
> *She*.
>
> Said plaintiff asked for medical expenses, and was awarded $BIGNUM because
> defendant had been warned about too hot coffee on a number of occasions. A
> contributing factor to the accident was that the coffee was too damn hot
> to drink, and caused severe scalding.

Don't forget that the car was *stopped* when she took the lid off to add
sugar and/or cream (can't remember exactly what). The scalding occurred
far too quickly for *anybody* to react to stop it, which was why the
massive damages were awarded originally.

Don't cite cases that are different to what you think they are. ie: do a
little bit of research. (not that I've never done something like that
.... *sheepish look*)

--
My Usenet From: address now expires after two weeks. If you email me, and
the mail bounces, try changing the bit before the "@" to "usenet".

 

[Tamyka Bell]

TimC wrote:
>
> http://www.news-gazette.com/news/local/2006/11/30/woman_is_sentenced_for_bicyclists_death
>
> Could only happen in the US, or could it?
>
> Downloading ringtones instead of driving does not fit the legal
> definition of recklessness.
>
> Little Miss Ringtone is not going to have to live with it the rest of
> her life; she appears perfectly capable of having completely gotten
> over it already:
>
> http://community.livejournal.com/roadies/328099.html

Yesterday afternoon as Steven, Charlie and I walked home
from the ferry terminal, we watched a woman in a large
city-slicker type 4WD pull out into an intersection failing
to give way to the right (despite a give way sign) directly
into the path of a work ute. The ute driver slammed on the
brakes and managed to stop just in time, and to his credit
didn't get out and abuse the chick. Especially seeing as
she had been sending a text message at the time.

Tam

 

[Resound]

"Friday" <[email protected]> wrote in message
news:[email protected]...
> TimC wrote:
>> On 2006-12-02, RV (aka Bruce)
>> was almost, but not quite, entirely unlike tea:
>
>
>> Bloody country bumpkins -- wouldn't know good coffee if it was poured
>> in their face.
>>
>
> I object to that!
> I'm a country bumpkin and I WOULD know a good coffee if it was poured on
> my face. Don't you think us country bumpkins ever get coffee poured on our
> faces?
>
> Friday

"We ain't go no coffee, sorry."
"What about that then?"
"That's face pourin' coffee. It ain't for drinkin'."

 

[Terryc]

Tamyka Bell wrote:

> Yesterday afternoon as Steven, Charlie and I walked home
> from the ferry terminal, we watched a woman in a large
> city-slicker type 4WD pull out into an intersection failing
> to give way to the right (despite a give way sign) directly
> into the path of a work ute. The ute driver slammed on the
> brakes and managed to stop just in time,

Bugger. Just another reason to like bull bars.

 

[RV]

On Sat, 2 Dec 2006 13:47:38 +1100, TimC
<[email protected]> wrote:

>On 2006-12-02, RV (aka Bruce)
> was almost, but not quite, entirely unlike tea:
>> On 1 Dec 2006 17:03:51 -0800, "Donga"
>> <[email protected]> wrote:
>>>This is the country where a driver can sue a fast food shop for making
>>>the coffee too hot, causing scalding when he spills it on his crotch
>>>WHILE DRIVING. Surely a half-sensible judge, such as Judy, would say,
>>>"You were drinking coffee while in charge of a two-ton lethal weapon?
>>>Get out of my court you idiot."
>>
>> I agree completely with that judgement.
>>
>> I think anyone who makes a coffee that, after sitting for some period,
>> is still capable of scaulding human flesh, should be charged with
>> greivous bodily harm and thrown in hail for 25 years.
>
>That's a cruel and unusual punishment! What size is this hail?

About the size of a gaol, similar to the size of a jail.
With no bail.

 

[[email protected]]

Donga wrote:
> This is the country where a driver can sue a fast food shop for making
> the coffee too hot, causing scalding when he spills it on his crotch
> WHILE DRIVING. Surely a half-sensible judge, such as Judy, would say,
> "You were drinking coffee while in charge of a two-ton lethal weapon?
> Get out of my court you idiot."

This is a bit of an urban myth. Some aspects of the case:

* the victim was a 79 year old lady, and she was a passenger

* the car was stopped at the time

* she suffered 3rd degree burns to 6 percent of her body, was
hospitalised for 8 days, and needed skin grafts

* company policy was to maintain the coffee at a temperature of 185C

* documents showed that McDonalds had received over 700 complaints
about coffee burns in the four years prior to the incident

* her claim was for $20K but McDonalds chose to fight it. Jury awarded
her $160K in compensation plus $2.7 million in punitive damages

http://caoc.com/CA/index.cfm?event=showPage&pg=facts