Please look onat all of the facts before you make a statement.
The judge essentially penalized her for contributory negligence, wich is your post re: it being her fault.
HOWEVER, because of the tempature McD's had their coffee at, the results of her spilling the coffee were FAR GREATER than anyone would have expected them to be when spilling a hot, drinkable liquid in their lap.
I don't know about you, but I know from personal experiance, that spilling normal (~140 F) liquid in my lap, while uncomfortable and hot, will not cause major burns, maybe reddening of the skin, but that is about it.
I have been splashed with 180 - 200 degree water (erupting radiaotr) before, and it was bad. It got on my shirt by my neck and while I was able to get my shirt off quick, I still have a few blisters. Imagine what it would be like if it had pooled there AND I was unable to take off the clothes that were soaked by it.
So, yes, she got money for her stupidity, but because McD's sold her coffee that was that hot, so hot as to cause severe burns, wich is above what a resonable person would expect for their hot beverage temp, that are also culpable.
Bottom line, if the coffee was at a normal how hold temp (145 F), the spill while painful would not have caused the damage it did.
The judge in the case reduced the punitive damages awarded by the jury, down to three times the actual damages, and in fact reduced the plaintiff's actual damage award as an offset for her own contributory negligence in spilling the coffee. In fact, the plaintiff later settled with McDonald's for an amount below what the judge awarded her.
To clear up some common misconceptions regarding the (in)famous coffee spilled in crotch incident.
1. The coffee was WELL above hot hold tempatures, the coffee, IIRC was about 180 - 190, more than sufficient for 2nd and 3rd degree burns, esp. on delicate skin.
2. The woman went after and received medical bills only. No pain and suffering, no punitive, just med bills.
3. The damage caused by the spilled coffee damaged her geritals so badly, she had to have fscking recontructive surgery on her labia.
Most insurance agents NEVER look at a cehicle when they insure it. All they want is the Make, model, year, etc. If it has the frame of an Escort, it is an Escort, as that is the VIN number that is used to register it.
Actually you are wrong. Fair Use permits this. From the EFF site here is some info on Fair Use.
If what the parent was doing was not fair use, do you think Sony and the like would have been able to make boom boxes that did CD -> Tape dubbing?
If I were to take all my CDs, rip them and store the CDs in a shed somehwere, I could do that leagally. Now, if I were to share all of those rips, then I would be in trouble
Pinball, what can I say, I would play pinball when I was out with my parents, I still play it now. My new job has me going about 400 miles away every month, for a week at a time, which means the dreaded hotel. Normally I stay at Holiday in, but my first week up there (first day on the job no less) the company made the reservations at the Best Wester. Well, they have the Twilight Zone (a machine I will own one day) and that is where I will be staying on all subsequent trips. I love that game.:)
Hotel: Thank you for calling how may I help you Me: Yes, what pinball games do you have?
You are right, they are not worried about bandwidth, they are indeed worried about the money. Greedy bastards they are not, at least not in this case. Reditributing your access is not allowed for very good reason, the same reason you cannot pirate cable. (There are actually laws against it.) You are steling a service, plain and simple.
in NYC, or any other large city it would fairly trival to set strategically places antennas/access points in a large apartment building and give everone in there free (or even charge) internet access. The reson broadand is so cheap (and yes it is cheap, if you do not agree, check into the price of leasing a T1 AND getting access to it), is the 'Economy of Scale' and the fact that the average person will only use 5% - 25% of their alloted bandwidth. Like it or not that is how the system works.
If you want to become your own wireless ISP, do what an ISP does (I worked at one, and while not an expert, I know how things went), buy your bandwith the same way, pay for the actual usage at X per MB, X per bandwidth Mbit and with 'permission' to resell it, usually anywhere from 2x- 10x what you would pay not to be able to resell it.
(Note: this is regarding those who set up to intentially resell/provide access, those who provide incendental/accidental access, most have no clue they are even doing so.0
A story on NewsForge Secretaries use Linux, taxpayers save millions amost a year ago parallels this. I think the concept is a good idea, esp for those in the Bay area. My desk is nothing more than a junk pile anyway, I would be all for it.
Plus, it makes the IT departments job SOOOOOO much easier.
Well, here is my first post. (I think) I totally agree. While I can (somewhat) see the singing part, though the songs are WAY yo mature, the beauty pagents make me sick.
It is obvious that the parents, and though not trying to come off as sexist, the mother is living her dredams through her daughter. The father allowing this is incouragable (sp?). He should be checked out by a shrink.
I know I would not let my daughter go to their house is she were friends with the girl. I would be worried, REALLY worried, esp of the father.
Cool hack. I knew that there still had to be some intelligent people at CoreComm/Voyager/ExecPC still. (At least the WI side of the pond.)
Love the hack. Now you all you need to do is write a webserver INTO the Pinball 2000 machine.
They did it with an old Atari computer didn't they? Could have it randomize a page every time a bumper is hit.
On a side note, (one of the Interactive guys, Bill) is writing a mIRC based webserver. It even has support for binary files. Can we get the instructs on how to do, or at least what you had to do to do it?
Slashdot Mirror
Please look onat all of the facts before you make a statement.
The judge essentially penalized her for contributory negligence, wich is your post re: it being her fault.
HOWEVER, because of the tempature McD's had their coffee at, the results of her spilling the coffee were FAR GREATER than anyone would have expected them to be when spilling a hot, drinkable liquid in their lap.
I don't know about you, but I know from personal experiance, that spilling normal (~140 F) liquid in my lap, while uncomfortable and hot, will not cause major burns, maybe reddening of the skin, but that is about it.
I have been splashed with 180 - 200 degree water (erupting radiaotr) before, and it was bad. It got on my shirt by my neck and while I was able to get my shirt off quick, I still have a few blisters. Imagine what it would be like if it had pooled there AND I was unable to take off the clothes that were soaked by it.
So, yes, she got money for her stupidity, but because McD's sold her coffee that was that hot, so hot as to cause severe burns, wich is above what a resonable person would expect for their hot beverage temp, that are also culpable.
Bottom line, if the coffee was at a normal how hold temp (145 F), the spill while painful would not have caused the damage it did.
Directly from my link:
The judge in the case reduced the punitive damages awarded by the jury, down to three times the actual damages, and in fact reduced the plaintiff's actual damage award as an offset for her own contributory negligence in spilling the coffee. In fact, the plaintiff later settled with McDonald's for an amount below what the judge awarded her.
To clear up some common misconceptions regarding the (in)famous coffee spilled in crotch incident.
1. The coffee was WELL above hot hold tempatures, the coffee, IIRC was about 180 - 190, more than sufficient for 2nd and 3rd degree burns, esp. on delicate skin.
2. The woman went after and received medical bills only. No pain and suffering, no punitive, just med bills.
3. The damage caused by the spilled coffee damaged her geritals so badly, she had to have fscking recontructive surgery on her labia.
See this link.
Most insurance agents NEVER look at a cehicle when they insure it. All they want is the Make, model, year, etc. If it has the frame of an Escort, it is an Escort, as that is the VIN number that is used to register it.
Actually you are wrong. Fair Use permits this. From the EFF site here is some info on Fair Use.
If what the parent was doing was not fair use, do you think Sony and the like would have been able to make boom boxes that did CD -> Tape dubbing?
If I were to take all my CDs, rip them and store the CDs in a shed somehwere, I could do that leagally. Now, if I were to share all of those rips, then I would be in trouble
Engage brain before inserting foot in mouth.
Time is a one way street...
:P
Except in the Twilight Zone.
I choose my hotel based on what pinball machine they have and I am happily married. I am living in the twilight zone
Pinball, what can I say, I would play pinball when I was out with my parents, I still play it now. My new job has me going about 400 miles away every month, for a week at a time, which means the dreaded hotel. Normally I stay at Holiday in, but my first week up there (first day on the job no less) the company made the reservations at the Best Wester. Well, they have the Twilight Zone (a machine I will own one day) and that is where I will be staying on all subsequent trips. I love that game. :)
Hotel: Thank you for calling how may I help you
Me: Yes, what pinball games do you have?
You are right, they are not worried about bandwidth, they are indeed worried about the money. Greedy bastards they are not, at least not in this case. Reditributing your access is not allowed for very good reason, the same reason you cannot pirate cable. (There are actually laws against it.) You are steling a service, plain and simple.
in NYC, or any other large city it would fairly trival to set strategically places antennas/access points in a large apartment building and give everone in there free (or even charge) internet access. The reson broadand is so cheap (and yes it is cheap, if you do not agree, check into the price of leasing a T1 AND getting access to it), is the 'Economy of Scale' and the fact that the average person will only use 5% - 25% of their alloted bandwidth. Like it or not that is how the system works.
If you want to become your own wireless ISP, do what an ISP does (I worked at one, and while not an expert, I know how things went), buy your bandwith the same way, pay for the actual usage at X per MB, X per bandwidth Mbit and with 'permission' to resell it, usually anywhere from 2x- 10x what you would pay not to be able to resell it.
(Note: this is regarding those who set up to intentially resell/provide access, those who provide incendental/accidental access, most have no clue they are even doing so.0
I even had to explain this to my former PhD boss.
sigh
A story on NewsForge Secretaries use Linux, taxpayers save millions amost a year ago parallels this. I think the concept is a good idea, esp for those in the Bay area. My desk is nothing more than a junk pile anyway, I would be all for it.
Plus, it makes the IT departments job SOOOOOO much easier.
Fuck no.
Well, here is my first post. (I think) I totally agree. While I can (somewhat) see the singing part, though the songs are WAY yo mature, the beauty pagents make me sick.
It is obvious that the parents, and though not trying to come off as sexist, the mother is living her dredams through her daughter. The father allowing this is incouragable (sp?). He should be checked out by a shrink.
I know I would not let my daughter go to their house is she were friends with the girl. I would be worried, REALLY worried, esp of the father.
Cool hack. I knew that there still had to be some intelligent people at CoreComm/Voyager/ExecPC still. (At least the WI side of the pond.)
Love the hack. Now you all you need to do is write a webserver INTO the Pinball 2000 machine.
They did it with an old Atari computer didn't they? Could have it randomize a page every time a bumper is hit.
On a side note, (one of the Interactive guys, Bill) is writing a mIRC based webserver. It even has support for binary files. Can we get the instructs on how to do, or at least what you had to do to do it?