logo
Letters: Why juries reward large verdicts in corporate negligence cases

Letters: Why juries reward large verdicts in corporate negligence cases

Chicago Tribune03-06-2025
'Nuclear verdicts' have become a sensationalized headline for defense lawyers, corporations and insurance companies that are trying to deprive innocent injured victims of full compensation.
Robert Tyson's op-ed ('Sequel to 1994 McDonald's hot coffee case is now $47M more expensive,' May 27) speaks of 'research and data' on such verdicts, which he doesn't list. His misstatement of facts leads readers to misconceptions of the jury process itself.
Tyson's comments on the 1994 McDonald's hot coffee verdict are simply wrong. The elderly plaintiff suffered burns requiring skin grafts. She received $160,000 in compensatory damages for her injuries. Punitive damages of nearly $3 million were reduced to $480,000 by the trial judge. At the time, McDonald's reportedly grossed $1.3 million daily in coffee sales alone. The jury wanted to send a message to the corporation when documents showed more than 700 previous claims by people burned by McDonald's coffee. Coffee served at home is about 135 degrees. McDonald's coffee is between 180 and 190 degrees.
The $50 million verdict against Starbucks of which Tyson speaks dealt with the negligence of an employee handing a customer scalding tea that was improperly secured in its take-out container; it landed in his lap and groin. He suffered third-degree burns and permanent injuries. It was reported that Starbucks countered with a pretrial $30 million offer to settle.
The substantial nature of the verdict can be seen as the jury's acknowledgment of the profound impact burn injuries have on an individual's life because it was they who heard all of the evidence and came to a fair decision.
The real issue here is one of accountability. Large corporations such as Starbucks have a responsibility to ensure the safety of their products. Decisions by juries serve as a deterrent for corporations not to cut safety protocols. Rather than dismissing large verdicts as 'nuclear,' they should be embraced as reflections on corporate responsibility. Tyson's solution is to further alienate juries from the judicial process, despite the Seventh Amendment.
Rather than limiting the role of juries, reforms should aim to better support and prepare them. This could include more effective jury instructions, enhanced presentation of technical evidence and improved use of experts. These reforms acknowledge the importance of jury involvement.
The courtroom is not just a place for legal battles; it is a space where societal values are tested and reinforced by juries, the cornerstone of democracy.Those trying to tip the scales of justice against individuals in favor of wealthy and powerful businesses have long cited — and mischaracterized — the McDonald's hot coffee case to support their push to close courthouse doors to individuals hurt due to no fault of their own.
Robert Tyson continues that practice in his op-ed by failing to share that the $2.9 million verdict awarded to a woman who suffered horrific injuries after scalding hot coffee spilled on her lap, was later reduced to $640,000.
The myth of the McDonald's case suggests the restaurant giant was victimized by an unscrupulous plaintiff. But the truth is that the case proves the system works: The trial judge reduced the damages awarded by the jury, and the parties later settled for a confidential amount.
Moreover, the jury learned that some 700 other people — including children — had reported burns by McDonald's dangerously hot coffee. That case began as a response to one person's injury but ended up highlighting a broader issue of how a company acted in a way that put numerous customers in danger. That is the proper function of our civil justice system.
When businesses are careless and people get hurt, those businesses should be held accountable. It's their responsibility to ensure their products are handled safely. And if juries award large verdicts, it's because they hear evidence of atrocious misconduct or vast human injury.
How do you get the attention of giant corporations, worth billions of dollars, and force them to stop making people sick, injuring or killing them? You target their bottom line. Sadly, money is often the only language they speak.
Tyson also references a recent $50 million verdict against Starbucks in the case of a delivery driver severely burned by a mishandled tray of hot beverages. As with the McDonald's case, there is a judicial mechanism to review the jury's verdict and determine if it's appropriate. Indeed, as is its right, Starbucks is appealing that verdict.
The term 'nuclear verdict,' used disparagingly by Tyson, is dramatic. It's intentionally over-the-top rhetoric employed by corporations and the insurance industry to mislead the public and undermine support for a legal system that protects the little guy's ability to seek justice and hold corporations accountable for harmful behavior.Amen to the call for improving security on the 'L.' I've been a resident in Chicago for quite a long time and have watched the security on the trains deteriorate sharply from the 1980s.
I've ridden the Blue Line twice in a recent week, midday, and both instances included a rider who came on board yelling at riders, the train or who knows what else.
In those instances, there were riders traveling to and from O'Hare International Airport. This is an absolutely horrible way to represent the city.
I've ridden the Tube in London and the Madrid transit system, and our transit presentation to the world is an absolute embarrassment.On a recent visit to Chicago to do research for a family memoir on my father, I was the beneficiary of excellent, knowledgeable and pleasant service at the Chicago Board of Education, Harold Washington Library Center, Chicago History Museum and Newberry Library.
Somebody in Chicago is doing something right.Spring means graduation for eighth grade, high school and college graduates across America. Commencement ceremonies are important rituals to recognize the hard work and sacrifice that led to this moment. Most of these graduates will walk across the stage to receive their diploma wearing a cap and gown — a cheaply made, polyester garment that will be tossed in the trash soon after the ceremony is over. Graduates may save the cap and its accompanying tassel as souvenirs, mementos of their accomplishment, but the gowns, 1,600 of them from my son's college graduation alone, will go to the landfill.
The waste is staggering, both in terms of the amount of landfill space they will consume but also the energy it took to create, package and ship the gowns in the first place — energy expended for a single-use item that is worn for maybe half a day.
I'm not anti-gown. They bring solemnity, simple elegance and equality to the occasion, and I prefer them to the dresses and suits once required by our local high school. The convenience and low cost of the throw-away gowns is tempting, and collecting, laundering and storing used gowns are not tasks without their own financial costs and carbon footprint.
I hazard to guess, however, that because of the convenience and affordability of cheap, throw-away gowns, not many institutions have done a proper review of the real costs and benefits of doing graduation garb this way versus alternatives.
The world has bigger problems to tackle than this, for sure, but if we don't reconsider this sort of single-cycle consumption (and plenty of other examples of this sort of waste exist), we pile up the waste and suffocate the planet.
I'm certainly open to suggestions to address this issue. I hope our educational institutions are as well.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Arrick Jackson brings success record to IU Northwest
Arrick Jackson brings success record to IU Northwest

Chicago Tribune

time10 hours ago

  • Chicago Tribune

Arrick Jackson brings success record to IU Northwest

Fueled by a 5-shot hazelnut Starbucks latte, Indiana University Northwest Chancellor Arrick Jackson settles into his new campus office as a fresh set of challenges await him as the leader at Gary's regional Indiana University campus. Although he just arrived July 1, Jackson, 56, is mindful of his mission to continue the university's enrollment of about 3,000 students on an upward trajectory. When she appointed Jackson as IU Northwest's ninth chancellor in March, IU President Pamela Whitten stressed his record of success in leadership and focus on student retention. The task comes at a time when GOP state leaders have frozen tuition, set enrollment quotas on degree programs, and revamped the high school diploma standards. The newly minted diploma places a greater emphasis on classes leading students directly into employment, instead of courses that prepare them for college. It all comes as the state continues its downward college enrollment spiral. A new state report said 51.7% of 2023 high school graduates headed to college after high school, a new low. The college-going rate in 2008 was 66%. Jackson came to IU Northwest from Minnesota where he served as provost and senior vice president for academic and student affairs at Minnesota State University-Moorhead. He's aware of the challenges ahead at the regional campus, a cornerstone of Gary's Glen Park neighborhood along Broadway. 'We'll face challenges on enrollment. We'll face challenges on different legislation that impacts us and makes us go in one direction or another. We'll continue to face challenges with budgets,' he said. While he's still getting acclimated, Jackson remains positive about IU Northwest. 'I have a very strong team, I know that,' said Jackson. 'I'm focused on the environment and how we can continue to improve on the work that's been done.' Jackson was one of four finalists for the chancellor job. He succeeds Ken Iwama who served from 2020 to 2024 when he became IU vice president for regional campuses and online education. 'IU Northwest has a strong history of excellence, and Arrick's experience and track record promise to continue that tradition,' said Iwama, in a release. Jackson's background and experiences are likely as varied as many of his new students. A native of Saginaw, Michigan, Jackson lost his mother when he was an infant and his father died when he was 9. His stepmother, Frances, raised Jackson and his four brothers and sister. 'She's still in my life now, she's my mother,' he said of the woman who infused the importance of education in his family. All his siblings have a master's degree or higher. His youngest child, Karlee Jackson, is beginning her freshman year at the University of Connecticut. A son is in the Air Force and another son works in a management job in Massachusetts. At 18, Jackson joined the Army, where he spent three years in field artillery and three years in military intelligence. 'I spent a lot of time with squirrels during artillery training,' he said. After the service, he earned a bachelor's degree in criminal justice from the University of Alaska in Fairbanks. He received his master's and doctorate degrees from Washington State University in criminal justice and political science. In Michigan, he served in an education administrative and human services role at Ferris State University in Big Rapids. While vice president of community and industry education services for the Tarrant County College District in Texas, he created a high school fire academy to create a pipeline to a community experiencing a shortage. He said about 10 of the program's graduates found immediate employment in the Arlington Fire Department. Each graduate's starting salary was $50,000, so they would be in a better position to attend college later, he said. Jackson comes to Indiana soon after GOP Gov. Mike Braun rolled back diversity, equity, inclusion rules across state agencies including universities. It matches similar initiatives President Donald Trump has ordered at the federal level. 'When federal laws and regulations come down, we have to be compliant,' Jackson said. 'We still have a mission to provide quality education. About 65% of IU Northwest's enrollment are students of color. Although DEI services remain a plank in IU's strategic plan, the university has closed its DEI offices in response to Braun's order. Jackson believes higher education is fundamental to democracy. 'The world is changing and higher education is part of that world and needs to keep up with that,' citing the advent of artificial intelligence and other new technologies. For Jackson though, his coffee habit is unchanged. 'I have to have my five shots a day,' he said of his espresso drink.

Cracker Barrel faces new 'woke' backlash over DEI policies
Cracker Barrel faces new 'woke' backlash over DEI policies

Miami Herald

timea day ago

  • Miami Herald

Cracker Barrel faces new 'woke' backlash over DEI policies

Backlash to corporate diversity, equity, and inclusion policies has led to several major companies downplaying their DEI programs in got the ball rolling in January 2025 as it ended some of its DEI practices and renamed its diversity team as "Global Inclusion team."The company also faced a lawsuit filed by the American Alliance for Equal Rights, objecting to McDonald's and International Scholarship & Tuition Services' HACER National Scholarship Program and asking that its scholarship recipients be chosen on their "own merits and essential qualities," since it believes the scholarship unlawfully discriminates against students from other races and ethnicities. Related: Popular pizza and beer chain files for Chapter 11 bankruptcy Several companies have followed McDonald's lead and renamed or eliminated DEI programs and removed references to DEI in their annual reports, including Amazon, PBS, Pepsi, Citigroup, BlackRock, Paramount, UnitedHealth Group, Constellation Brands, and Gannett, Forbes reported. And now, popular dining chain Cracker Barrel is facing an attack on its diversity, equity, and inclusion policies from legal advocacy group America First Legal, a conservative nonprofit co-founded by White House aide Stephen Miller. America First Legal requested that the U.S. Equal Employment Opportunity Commission and Tennessee Attorney General Jonathan Skrmenti investigate Cracker Barrel for alleged potential violations of federal and state civil rights laws stemming from its diversity, equity, and inclusion policies, according to a July 21 AFL statement. Related: Popular pizza dining chain franchisee files Chapter 11 bankruptcy The restaurant chain has faced a customer backlash in the past, as in August 2022, when it added a plant-based-sausage option to its menu. It did not take traditional sausages off its menu; it only added a meat-free choice, and that angered some of its customer base, which called for boycotts. Cracker Barrel launched its Diversity and Inclusion Strategy in June 2021, which included an effort to "better identify, recruit and advance strong, racially and ethnically diverse talent," WMAL Radio reported. The restaurant chain also asserted its support for the NAACP and Urban League, as well as doing more to recognize the LGBTQ+ community, in its Diversity and Inclusion Strategy. The company in 2024 shifted its Diversity and Inclusion Strategy to Culture and Inclusion, focusing on "Culture," "Workforce," and "Business." Culture: to educate, advocate, and communicate to create an inclusive, engaging, culture, and work Force: to attract, select, develop, and retain high-performing talent with diverse backgrounds, experiences, and Build and nurture diverse partnerships in the communities where we live and work, and ensure we have diverse representation in our advertising. Cracker Barrel's Culture and Inclusion Strategy is a 180-degree turn from the company's policies in early 1991, when the company adopted a policy to stop hiring LGBTQ people and terminate those who were already employed by the restaurant chain, according to Forbes. The company's Board of Directors voted to end discrimination against gay employees in 2002. More food and restaurants: Major iconic food brand files for Chapter 11 bankruptcyPopular Dairy Queen rival franchisee files Chapter 11 bankruptcyIconic pizza chain's franchisees close multiple restaurants American First Legal objected to Cracker Barrel's Business Resource Group benefits that "appear to be restricted to specific identity groups," according to its statement. It also objected to the company's Nominating and Corporate Governance Committee considering "diversity of age, gender, race, and ethnic background" when evaluating potential nominees for the company's Board of Directors. "Treating employees differently because of their race or sex is not only wrong, it is illegal and violates numerous federal and state civil rights laws. AFL will continue to fight back against unlawful discrimination in all its forms," American First Legal said in its statement. The organization submitted a complaint with the U.S. Equal Employment Opportunity Commission, to investigate Cracker Barrel's employment practices, which they allege "appear to discriminate against employees or prospective employees, solely because of their skin color or sex." American First Legal also filed a complaint with the Tennessee attorney general, as well as the Cracker Barrel Board of Trustees. Cracker Barrel was not immediately available for comment. McDonald's: Renamed diversity team as "Global Inclusion team." Amazon: Removed references to inclusion and diversity hiring from its annual Closed its diversity, equity, and inclusion Removed representation goals from Renamed its Diversity, Equity and Inclusion and Talent Management team as Talent Management and Removed references to DEI in its annual No longer uses diversity tied to race and gender in Group: Removed diversity, equity, and inclusion webpages and adopted terms like "culture of belonging."Constellation Brands: Renamed DEI team as Inclusive Removes diversity references from its website. Don't miss the move: Subscribe to TheStreet's free daily newsletter The Arena Media Brands, LLC THESTREET is a registered trademark of TheStreet, Inc.

Should You Buy Starbucks Stock Before July 29?
Should You Buy Starbucks Stock Before July 29?

Yahoo

timea day ago

  • Yahoo

Should You Buy Starbucks Stock Before July 29?

Key Points Starbucks is in the process of a turnaround plan, and there have been positive results. Comparable sales declined in the second quarter, but there were many signs of progress. There is already some optimism built into Starbucks' stock price. These 10 stocks could mint the next wave of millionaires › Starbucks (NASDAQ: SBUX) is the largest coffee shop chain in the world, having practically invented the concept. However, it's a good example of how an industry giant can start looking like a dinosaur if it doesn't keep up with the times. It's not there yet, and it's working on a recovery. Let's see what's happening now, where it's going, and whether it makes sense to buy Starbucks stock before it reports third-quarter results on July 29. Struggling to stay hot Starbucks has been through four CEOs over the past four years as it struggles to adapt to a changing landscape. Although it has long considered itself a tech-first company, its systems and processes have not been able to efficiently accommodate long lines of customers and a shift to mobile ordering. Although high demand is a problem every company wishes to have, Starbucks isn't managing it well, and that's leading to lost orders and sales. Its massive fleet of global shops, which number over 40,000 worldwide, has not been armed with modern equipment to handle orders quickly, and its branding appears stale in the face of new competition and shifting trends. That's a lot for any company, even one as popular and established as Starbucks, and it has faced declining sales and profits over the past few years. In the 2025 fiscal second quarter (ended March 30), revenue increased 2% year over year, but comparable sales were down 1%. Starbucks opened 213 new stores, which were largely responsible for the revenue growth. Operating margin and income were down substantially from last year, which management attributed to restructuring and costs related to its turnaround strategy. Earnings per share (EPS) decreased 50% to $0.34. New opportunities brewing The company poached CEO Brian Niccol last year from Chipotle Mexican Grill, where he had been lauded for its soaring growth and excellent management. Niccol says his "optimism has turned into confidence," and that "if anything, I see more opportunity than I imagined." He sees a simple roadmap toward success: focusing on the customer, taking care of workers, managing costs, and improving operations. "I know from experience," he said, "the financial results will follow." Over the past few years, in an effort to meet demands in speed and technology, Starbucks has turned its focus away from being the "third place" -- a real destination for its customers, like their homes and workplaces. Niccol's "Back to Starbucks" strategy returns to that third-place focus, but with greater agility and a more modern image that stresses the company's coffee-farm-to-table atmosphere. Starbucks has made progress across many of its objectives. Worker turnover is less than 50% and at a record low, transaction declines are decelerating, and more sales are coming from what Niccol termed "quality transactions." Some of the actions it has taken are as simple as launching a new shift trading system, which is leading to greater shift completion, greater worker satisfaction, and better customer connections. In stores, Starbucks has expanded its free refill policy and changed to ceramic mugs to encourage longer stays. Momentum is building Management declined to provide guidance for the fiscal third quarter, considering a changing operating environment and new strategy, but Niccol gave some color as to how its plan is going in his second-quarter commentary. Here are some highlights: In pilot stores, wait time decreased by an average of two minutes, leading to wait times of less than four minutes at peak times for 75% of orders. Starbucks is rolling out a new feature on its app to let customers choose pickup times and get more price transparency. Taking sugar out of matcha products increased sales by 40% year over year. New ads led to a two-year high in customers who name Starbucks as their favorite choice. The second-quarter update got a big thumbs-up from the market, and Starbucks stock has remained elevated since then. It's not exactly cheap right now, trading at a forward P/E ratio of 32. That means it has a lot to live up to when it reports results on July 29. If it doesn't come through, expect the stock to drop. However, given the company's latest updates, there's plenty of room for optimism. Regardless of what happens after the report, Starbucks seems able to bounce back and reward shareholders over many years. Not only is it rebuilding its brand, but it also still expects to double its U.S. store count, which gives it a long growth runway. The company also pays a growing dividend that yields 2.5% at the current price. Should you buy stock in Starbucks right now? The Motley Fool Stock Advisor analyst team just identified what they believe are the for investors to buy now. The 10 stocks that made the cut could produce monster returns in the coming years. Consider when Netflix made this list on December 17, 2004... if you invested $1,000 at the time of our recommendation, you'd have $634,627!* Or when Nvidia made this list on April 15, 2005... if you invested $1,000 at the time of our recommendation, you'd have $1,046,799!* Now, it's worth noting Stock Advisor's total average return is 1,037% — a market-crushing outperformance compared to 182% for the S&P 500. Don't miss out on the latest top 10 list, available when you join Stock Advisor. See the 10 stocks » *Stock Advisor returns as of July 21, 2025 Jennifer Saibil has no position in any of the stocks mentioned. The Motley Fool has positions in and recommends Chipotle Mexican Grill and Starbucks. The Motley Fool recommends the following options: short September 2025 $60 calls on Chipotle Mexican Grill. The Motley Fool has a disclosure policy. Should You Buy Starbucks Stock Before July 29? was originally published by The Motley Fool Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store