http://tinyurl.com/2x2xq8

So, he ordered two quarter pounders without cheese. And the excuse for this
lawsuit is he didn't notice it had cheese on it because he was eating in a
dark room. What?!

If you place a special order shouldn't you check it before you leave the
establishment? I eat my burgers plain. It's been a long time since I was
at a McD's but I always checked to make sure my burger was to order before I
drove off. I guess it's a good thing for McDonald's he didn't order coffee,
too.

Jill

jmcquown said...

> If you place a special order shouldn't you check it before you leave the
> establishment? I eat my burgers plain. It's been a long time since I
> was at a McD's but I always checked to make sure my burger was to order
> before I drove off. I guess it's a good thing for McDonald's he didn't
> order coffee, too.


It's his own bozo fault for not actually checking. If he was cautious enough
to order it that way because of a cheese allergy and knowing he could
possibly die, he should have been equally as cautious to check it before
biting into it and return the meal. That should probably release McD from any
liability, imho.

The other issue that wasn't mentioned was if his friend or mother didn't
mistakenly give him the cheese'd burger as they drove away.

Andy

jmcquown wrote:
> http://tinyurl.com/2x2xq8
>
> So, he ordered two quarter pounders without cheese. And the excuse for this
> lawsuit is he didn't notice it had cheese on it because he was eating in a
> dark room. What?!
>
> If you place a special order shouldn't you check it before you leave the
> establishment? I eat my burgers plain. It's been a long time since I was
> at a McD's but I always checked to make sure my burger was to order before I
> drove off. I guess it's a good thing for McDonald's he didn't order coffee,
> too.

I must admit that if I was that allergic to cheese, I certainly would
have checked for myself before eating the burgers.
He will probably get awarded some sort of settlement - sigh. However,
what also amazes me is that "stuff" they put on McD's burgers can even
be called cheese... Blech!
--
Cheers
Chatty Cathy

Garlic: the element without which life as we know it would be impossible

Andy wrote:
> jmcquown said...
>
>> If you place a special order shouldn't you check it before you leave
>> the establishment? I eat my burgers plain. It's been a long time
>> since I was at a McD's but I always checked to make sure my burger
>> was to order before I drove off. I guess it's a good thing for
>> McDonald's he didn't order coffee, too.
>
>
> It's his own bozo fault for not actually checking. If he was cautious
> enough to order it that way because of a cheese allergy and knowing
> he could possibly die, he should have been equally as cautious to
> check it before biting into it and return the meal. That should
> probably release McD from any liability, imho.
>
> The other issue that wasn't mentioned was if his friend or mother
> didn't mistakenly give him the cheese'd burger as they drove away.
>
> Andy

Yeah, I still can't figure out why they didn't check the special order. Any
time I order something (after all, I think it's called a Quarter Pounder
with Cheese???) I check it first. And his mother and friend are party to
the lawsuit because they "risked their lives" rushing him to the hospital?
Um, as opposed to what, calling 911 and letting an ambulance staffed with
medical personnel do it? Sounds more like they want to be party to some
monetary fallout to me.

Jill

jmcquown said...

> Andy wrote:
>> jmcquown said...
>>
>>> If you place a special order shouldn't you check it before you leave
>>> the establishment? I eat my burgers plain. It's been a long time
>>> since I was at a McD's but I always checked to make sure my burger
>>> was to order before I drove off. I guess it's a good thing for
>>> McDonald's he didn't order coffee, too.
>>
>>
>> It's his own bozo fault for not actually checking. If he was cautious
>> enough to order it that way because of a cheese allergy and knowing
>> he could possibly die, he should have been equally as cautious to
>> check it before biting into it and return the meal. That should
>> probably release McD from any liability, imho.
>>
>> The other issue that wasn't mentioned was if his friend or mother
>> didn't mistakenly give him the cheese'd burger as they drove away.
>>
>> Andy
>
> Yeah, I still can't figure out why they didn't check the special order.
> Any time I order something (after all, I think it's called a Quarter
> Pounder with Cheese???) I check it first. And his mother and friend are
> party to the lawsuit because they "risked their lives" rushing him to
> the hospital? Um, as opposed to what, calling 911 and letting an
> ambulance staffed with medical personnel do it? Sounds more like they
> want to be party to some monetary fallout to me.
>
> Jill


The friend or Mom may have even intentionally given him the cheese'd burger
(maybe hoping he'd actually die) and blame McD as part of the plan.
"Jeremy, here's your no cheese'd quarter pounder." He accepts it on faith!
They tell the cops lies, get an ambulance chasing attorney and bingo, a
$10million lawsuit.

It wreaks of fraud, imho.

Andy

"jmcquown" > wrote in message
...
> http://tinyurl.com/2x2xq8
>
> So, he ordered two quarter pounders without cheese. And the excuse for
> this
> lawsuit is he didn't notice it had cheese on it because he was eating in a
> dark room. What?!
>
> If you place a special order shouldn't you check it before you leave the
> establishment? I eat my burgers plain. It's been a long time since I was
> at a McD's but I always checked to make sure my burger was to order before
> I
> drove off. I guess it's a good thing for McDonald's he didn't order
> coffee,
> too.
>
> Jill
>
>
This will make you laugh: my daughter doesn't like cheese on her burgers
(no allergy, just a preference). I have ordered a hamburger many times for
her at McDonald's and it ALWAYS has cheese on it. Then, I tried saying
"hamburger, no cheese" and they get it right. So, now I order it that
redundant way every time.

Elisa (it did get quite annoying!)

Steve Wertz wrote:
> On Mon, 13 Aug 2007 03:19:44 -0500, jmcquown wrote:
>
>> http://tinyurl.com/2x2xq8
>
> "...he took at least five independent steps to make sure that
> thing had no cheese on it".
>
> Except looking at the damn hamburger to see if it has cheese on
> it. Duh.
>
> I'd like to see a picture of these people. $100 bucks says
> they're 100% pure, backwoods, inbred trailer trash. Just looking
> to make a buck because they're too stupid to assume any
> responsibility for themselves.

Heh. I know what it's like to buy food for somebody with bad food
allergies... you check, then you double-check, and then you triple check
to make sure there are no ingredients/contents that may cause a
reaction. You don't have to be a rocket-scientist to figure that one
out. But I am willing to bet that this pratt will get something outta McD's.
--
Cheers
Chatty Cathy

Garlic: the element without which life as we know it would be impossible

Andy <q> wrote:
> jmcquown said...
>
> > If you place a special order shouldn't you check it before you leave the
> > establishment? I eat my burgers plain. It's been a long time since I
> > was at a McD's but I always checked to make sure my burger was to order
> > before I drove off. I guess it's a good thing for McDonald's he didn't
> > order coffee, too.
>
> It's his own bozo fault for not actually checking. If he was cautious enough
> to order it that way because of a cheese allergy and knowing he could
> possibly die,

Why is anyone so deathly allergic to cheese eating from Booger King...
they serve cheese there! DUH

People with food allergies, or any health issues, are ultimately
responsible for their own welfare.

Of course the fast food joints may not be serving actual cheese, odds
are more likely it's a vegetable fat product containing no cheese
whatsoever. But it's still the responsibility of the patron to find
out.

Sheldon

"Sheldon" > wrote

> Of course the fast food joints may not be serving actual cheese, odds
> are more likely it's a vegetable fat product containing no cheese
> whatsoever. But it's still the responsibility of the patron to find
> out.

It's not as if it's invisible. People just look for any way to scam
money. If he was that desperate for no cheese that he told
them eight million times No cheese, he would have looked.
He's just a big fat liar. Heh.

nancy

"ChattyCathy" > wrote in message
...
> jmcquown wrote:
>> http://tinyurl.com/2x2xq8
>>
>> So, he ordered two quarter pounders without cheese. And the excuse for
>> this
>> lawsuit is he didn't notice it had cheese on it because he was eating in
>> a
>> dark room. What?!
>>
>> If you place a special order shouldn't you check it before you leave the
>> establishment? I eat my burgers plain. It's been a long time since I
>> was
>> at a McD's but I always checked to make sure my burger was to order
>> before I
>> drove off. I guess it's a good thing for McDonald's he didn't order
>> coffee,
>> too.
>
> I must admit that if I was that allergic to cheese, I certainly would have
> checked for myself before eating the burgers.
> He will probably get awarded some sort of settlement - sigh. However, what
> also amazes me is that "stuff" they put on McD's burgers can even be
> called cheese... Blech!
> --
> Cheers
> Chatty Cathy
>
> Garlic: the element without which life as we know it would be impossible
>
It will end up as an out of court settlement with no admission of liability.
He'll get a couple of grand out of McD's.
-g

"Elisa" > wrote in message
...
>
> "jmcquown" > wrote in message
> ...
>> http://tinyurl.com/2x2xq8
>>
>> So, he ordered two quarter pounders without cheese. And the excuse for
>> this
>> lawsuit is he didn't notice it had cheese on it because he was eating in
>> a
>> dark room. What?!
>>
>> If you place a special order shouldn't you check it before you leave the
>> establishment? I eat my burgers plain. It's been a long time since I
>> was
>> at a McD's but I always checked to make sure my burger was to order
>> before I
>> drove off. I guess it's a good thing for McDonald's he didn't order
>> coffee,
>> too.
>>
>> Jill
>>
>>
> This will make you laugh: my daughter doesn't like cheese on her burgers
> (no allergy, just a preference). I have ordered a hamburger many times
> for her at McDonald's and it ALWAYS has cheese on it. Then, I tried
> saying "hamburger, no cheese" and they get it right. So, now I order it
> that redundant way every time.
>
> Elisa (it did get quite annoying!)
>

FBS is lactose intolerant. He has had hamburgers from McD's come with
cheese. The only way he has managed to get a burger without cheese, and I
swear this is true, at our 'local' is to order a double cheeseburger - hold
the cheese. That's the ONLY way he gets a burger without cheese.
-g

Virginia Tadrzynski wrote:

>
> FBS is lactose intolerant. He has had hamburgers from McD's come with
> cheese. The only way he has managed to get a burger without cheese, and I
> swear this is true, at our 'local' is to order a double cheeseburger - hold
> the cheese. That's the ONLY way he gets a burger without cheese.
> -g

So I guess the moral of the story is: If you're allergic to cheese (or
lactose intolerant) it's not really a Good Idea to buy burgers from McD's...
--
Cheers
Chatty Cathy

Garlic: the element without which life as we know it would be impossible

jmcquown wrote:
>
> http://tinyurl.com/2x2xq8
>
> So, he ordered two quarter pounders without cheese. And the excuse for this
> lawsuit is he didn't notice it had cheese on it because he was eating in a
> dark room. What?!
>
> If you place a special order shouldn't you check it before you leave the
> establishment? I eat my burgers plain. It's been a long time since I was
> at a McD's but I always checked to make sure my burger was to order before I
> drove off. I guess it's a good thing for McDonald's he didn't order coffee,
> too.
>

I wouldn't rule out the possibility that it is a rumour started by
MacDonalds for sympathy and support. We've got some lazy ******* who goes
through the take out window instead of walking inside to order and after
all his alleged attempts to get a cheese free product does not even bother
to check because the room is too dark, even though his allergy to cheese is
so severe that he almost died ??????

Sorry, but I think it is a crock.
I think it is about time that the courts started socking it to lawyers and
clients for launching frivolous lawsuits.

Virginia Tadrzynski wrote:
>
> "E
> > This will make you laugh: my daughter doesn't like cheese on her burgers
> > (no allergy, just a preference). I have ordered a hamburger many times
> > for her at McDonald's and it ALWAYS has cheese on it. Then, I tried
> > saying "hamburger, no cheese" and they get it right. So, now I order it
> > that redundant way every time.
> >
> > Elisa (it did get quite annoying!)
> >
>
> FBS is lactose intolerant. He has had hamburgers from McD's come with
> cheese. The only way he has managed to get a burger without cheese, and I
> swear this is true, at our 'local' is to order a double cheeseburger - hold
> the cheese. That's the ONLY way he gets a burger without cheese.


And what's the worst that happens if a lactose intolerant person eats a
cheese burger....... gas and diarrhoea. It is not like it is a life
threatening condition. That stuff is barely cheese anyway.

On Aug 13, 6:53 am, Sheldon > wrote:
> Andy <q> wrote:
> > jmcquown said...
>
> > > If you place a special order shouldn't you check it before you leave the
> > > establishment? I eat my burgers plain. It's been a long time since I
> > > was at a McD's but I always checked to make sure my burger was to order
> > > before I drove off. I guess it's a good thing for McDonald's he didn't
> > > order coffee, too.
>
> > It's his own bozo fault for not actually checking. If he was cautious enough
> > to order it that way because of a cheese allergy and knowing he could
> > possibly die,
>
> Why is anyone so deathly allergic to cheese eating from Booger King...
> they serve cheese there! DUH
>
> People with food allergies, or any health issues, are ultimately
> responsible for their own welfare.
>
> Of course the fast food joints may not be serving actual cheese, odds
> are more likely it's a vegetable fat product containing no cheese
> whatsoever. But it's still the responsibility of the patron to find
> out.

No, Sheldon. It is Pasteurized process cheese food. In the long list
of ingredients, cheese is the first ingredient. Crappy, yes, but it
is real dairy.

" Pasteurized process cheese food is a variation of process cheese
that may have dry milk, whey solids, or anhydrous milkfat added, which
reduces the amount of cheese in the finished product. It must contain
at least 51% of the cheese ingredient by weight, have a moisture
content less than 44%, and have at least 23% milkfat."
source-- http://pubs.acs.org/cen/whatstuff/stuff/7806sci2.html
>
> Sheldon

--Bryan

"jmcquown" > wrote in message
...
> http://tinyurl.com/2x2xq8
>
> So, he ordered two quarter pounders without cheese. And the excuse for
> this
> lawsuit is he didn't notice it had cheese on it because he was eating in a
> dark room. What?!
>
> If you place a special order shouldn't you check it before you leave the
> establishment? I eat my burgers plain. It's been a long time since I was
> at a McD's but I always checked to make sure my burger was to order before
> I
> drove off. I guess it's a good thing for McDonald's he didn't order
> coffee,
> too.

I'll bet the other half of the story is that his mom and friend are suing
McDonald's because, although they each clearly ordered a quarter pounder
with cheese, their burgers had no cheese on them.

Anny

Dave Smith said...

> That stuff is barely cheese anyway.


Where's the obvious "McDonalds violated my right to eat Kosher!" claim? Imho,
the BUMS!!! need better legal representation.

Andy

jmcquown > wrote:
> http://tinyurl.com/2x2xq8
>
> So, he ordered two quarter pounders without cheese. And the excuse
> for this lawsuit is he didn't notice it had cheese on it because he
> was eating in a dark room. What?!
>
> If you place a special order shouldn't you check it before you leave
> the establishment? I eat my burgers plain. It's been a long time
> since I was at a McD's but I always checked to make sure my burger
> was to order before I drove off. I guess it's a good thing for
> McDonald's he didn't order coffee, too.

The real coffee story is a lot less flattering to McDonalds than you
appear to assume here.

http://www.lectlaw.com/files/cur78.htm

Eating at McDonalds at all is a poor decision on several grounds, some
listed below:

* What little taste there is in the stuff is awful.
* It's expensive compared to, say, a taco truck or whatever else is local to you.
* The "food" is jammed with ingredients like HFCS which is *really* bad for you.

Cheers,
David (a former McDonalds employee)
--
David Fetter > http://fetter.org/
phone: +1 415 235 3778 AIM: dfetter666
Skype: davidfetter

Before you try to play the history card, make sure it's in your hand.

On Aug 13, 10:29 am, Andy <q> wrote:
> Dave Smith said...
>
> > That stuff is barely cheese anyway.
>
> Where's the obvious "McDonalds violated my right to eat Kosher!" claim? Imho,
> the BUMS!!! need better legal representation.
>
> Andy

That came out when the Hindu's found out there was beef extract in the
fries.
You won't find any kosher complaints about McD's or any place else
becasue
it is the consumer who is responsible for verifying what is going into
their
mouth, not the provider.

There was the case of an allegedly kosher butcher in NJ or NY who was
passing off non-kosher meat to his clientel. The rabbis and community
took
care of it.

maxine in ri

maxine in ri said...

> On Aug 13, 10:29 am, Andy <q> wrote:
>> Dave Smith said...
>>
>> > That stuff is barely cheese anyway.
>>
>> Where's the obvious "McDonalds violated my right to eat Kosher!" claim?
>> Imho, the BUMS!!! need better legal representation.
>>
>> Andy
>
> That came out when the Hindu's found out there was beef extract in the
> fries.
> You won't find any kosher complaints about McD's or any place else
> becasue
> it is the consumer who is responsible for verifying what is going into
> their
> mouth, not the provider.
>
> There was the case of an allegedly kosher butcher in NJ or NY who was
> passing off non-kosher meat to his clientel. The rabbis and community
> took
> care of it.
>
> maxine in ri


maxine,

I was thinking the meat/dairy angle. That's a no-no, I read.

Andy

In article >,
(David Fetter) wrote:
> The real coffee story is a lot less flattering to McDonalds than you
> appear to assume here.
>
> http://www.lectlaw.com/files/cur78.htm

An interesting read. Thank you.
--
-Barb, Mother Superior, HOSSSPoJ
http://www.jamlady.eboard.com - story and
pics of Ronald McDonald House dinner posted 6-24-2007

"Andy" <q> wrote

> maxine in ri said...

>> There was the case of an allegedly kosher butcher in NJ or NY who was
>> passing off non-kosher meat to his clientel. The rabbis and community
>> took care of it.

> I was thinking the meat/dairy angle. That's a no-no, I read.

I would think McDonald's wouldn't be a stop for people who keep
kosher.

nancy

Melba's Jammin' wrote:
> In article >,
> (David Fetter) wrote:
>> The real coffee story is a lot less flattering to McDonalds than you
>> appear to assume here.
>>
>> http://www.lectlaw.com/files/cur78.htm
>
> An interesting read. Thank you.


It may be interesting, but it's full of half-truths and lies.

McD's screwed up bigtime by not taking the case seriously, and they got
out-lawyered. Being right is not necessarily a good defense.

Coffee is brewed at about 200 degrees. To serve it at 135 to 140
degrees, they would have to chill it, otherwise the temperature would be
inconsistent from one cup to another, depending on how fresh it was (and
they would still be exposed to liability if a customer happened to get a
fresh cup.) The coffee also has to be served hot enough that someone
can add cream to it and still have a hot beverage instead of just warm.

Bob

In article >,
says...
> Andy wrote:
> > jmcquown said...
> >
> >> If you place a special order shouldn't you check it before you leave
> >> the establishment? I eat my burgers plain. It's been a long time
> >> since I was at a McD's but I always checked to make sure my burger
> >> was to order before I drove off. I guess it's a good thing for
> >> McDonald's he didn't order coffee, too.
> >
> >
> > It's his own bozo fault for not actually checking. If he was cautious
> > enough to order it that way because of a cheese allergy and knowing
> > he could possibly die, he should have been equally as cautious to
> > check it before biting into it and return the meal. That should
> > probably release McD from any liability, imho.
> >
> > The other issue that wasn't mentioned was if his friend or mother
> > didn't mistakenly give him the cheese'd burger as they drove away.
> >
> > Andy
>
> Yeah, I still can't figure out why they didn't check the special order. Any
> time I order something (after all, I think it's called a Quarter Pounder
> with Cheese???) I check it first. And his mother and friend are party to
> the lawsuit because they "risked their lives" rushing him to the hospital?
> Um, as opposed to what, calling 911 and letting an ambulance staffed with
> medical personnel do it? Sounds more like they want to be party to some
> monetary fallout to me.
>
>

The lawsuit does seem overboard and the relatives may in fact be greedy.
Still, that does not absolve McD's for responsibility for selling a
product that was not what it was claimed to be. I am puzzled as to why
so many people are anxious to absolve corporations for responsibility
for their errors. Individuals have responsibilities but so do
businesses.

If you, allergic to penicillin, took in a prescription for tetracycline
and told the pharmacist about your allergy, should you be required to
check the pills before you take one? Who would be responsible if they
gave you penicillin and you died?

Suppose you went to a hardware store and asked for 1000 pound cable
and they sold you 250 pound cable, and as a result someone was killed.
Should you have checked?

--
Peter Aitken

Peter A wrote:

> Suppose you went to a hardware store and asked for 1000 pound cable
> and they sold you 250 pound cable, and as a result someone was killed.
> Should you have checked?
>
Yes. It's called "taking responsibility for your own actions".

--
Cheers
Chatty Cathy

Garlic: the element without which life as we know it would be impossible

Peter A wrote:
> In article >,
> The lawsuit does seem overboard and the relatives may in fact be
> greedy. Still, that does not absolve McD's for responsibility for
> selling a product that was not what it was claimed to be. I am
> puzzled as to why so many people are anxious to absolve corporations
> for responsibility for their errors. Individuals have
> responsibilities but so do businesses.
>
I'm not absolving McD's of anything, simply saying gee, didn't someone look?
I mean if this guy's allergy to cheese is *that* bad you'd think someone
(including himself) would have checked his order. It's not like cheese is
invisible.

> If you, allergic to penicillin, took in a prescription for
> tetracycline and told the pharmacist about your allergy, should you
> be required to check the pills before you take one? Who would be
> responsible if they gave you penicillin and you died?
>
Not a fair (or even reasonable) comparison, Peter. How on earth would I
check pills for their content other than to read the label on the pill
bottle? Cheese is easy enough to see on a hamburger. I can't tell by
looking at a pill what it contains.

Jill

In article >, cathy1234
@mailinator.com says...
> > Suppose you went to a hardware store and asked for 1000 pound cable
> > and they sold you 250 pound cable, and as a result someone was killed.
> > Should you have checked?
> >
> Yes. It's called "taking responsibility for your own actions".
>
>

That applies to the hardware store as well as to the buyer.

Will you please explain why an individual must be responsible for his
own actions while a business does not?



--
Peter Aitken

zxcvbob > wrote:
> Melba's Jammin' wrote:
>> In article >,
>> (David Fetter) wrote:
>>> The real coffee story is a lot less flattering to McDonalds than you
>>> appear to assume here.
>>>
>>> http://www.lectlaw.com/files/cur78.htm
>>
>> An interesting read. Thank you.
>
> It may be interesting, but it's full of half-truths and lies.

Where exactly were the "half-truths," and what exactly were the "lies"
to which you refer?

More on the case:

<http://en.wikipedia.org/wiki/McDonald's_coffee_case>

> McD's screwed up bigtime by not taking the case seriously, and they
> got out-lawyered. Being right is not necessarily a good defense.

I'm sorry, but your contention that McDonalds was "out-lawyered" by a
79-year-old lady is just plain ludicrous on its face. They've got the
top legal teams (note plural) in the business.

> Coffee is brewed at about 200 degrees. To serve it at 135 to 140
> degrees, they would have to chill it, otherwise the temperature would be
> inconsistent from one cup to another, depending on how fresh it was (and
> they would still be exposed to liability if a customer happened to get a
> fresh cup.) The coffee also has to be served hot enough that someone
> can add cream to it and still have a hot beverage instead of just warm.

It was in the attempt to add that cream that Ms. Liebeck--did you know
her name?--suffered the 3rd-degree burns which were the subject of
that lawsuit.

Cheers,
David
--
David Fetter > http://fetter.org/
phone: +1 415 235 3778 AIM: dfetter666
Skype: davidfetter

If you have an important point to make, don't try to be subtle
or clever. Use a pile driver. Hit the point once. Then come
back and hit it again. Then hit it a third time--a tremendous whack.
Winston Churchill
on public speaking

In article >,
says...
> I'm not absolving McD's of anything, simply saying gee, didn't someone look?
> I mean if this guy's allergy to cheese is *that* bad you'd think someone
> (including himself) would have checked his order. It's not like cheese is
> invisible.
>

I agree in part - the guy "should" have looked. I would have. But, the
fact that he did not look doesn't absolve McD's of its responsibility.
They made a mistake, they are responsible for that mistake.

Situations such as this are rarely clear cut. No one party is totally at
fault while the other is totally blameless. You and others seem to think
that because the victim did not behave perfectly that the responsibility
is all his. Why not reverse that? The business did not behave perfectly
so the responsibility is all their's.


--
Peter Aitken

Peter A wrote:
> In article >, cathy1234
> @mailinator.com says...
>>> Suppose you went to a hardware store and asked for 1000 pound cable
>>> and they sold you 250 pound cable, and as a result someone was killed.
>>> Should you have checked?
>>>
>> Yes. It's called "taking responsibility for your own actions".
>>
>>
>
> That applies to the hardware store as well as to the buyer.
>
> Will you please explain why an individual must be responsible for his
> own actions while a business does not?

As usual, you missed the point completely. Shit happens. People working
for businesses make mistakes (not the businesses themselves). If I was
"critically allergic" to cheese, I wouldn't care if the Creator of the
Universe himself told me it didn't contain cheese. I'd check.

--
Cheers
Chatty Cathy

Garlic: the element without which life as we know it would be impossible

>
> As usual, you missed the point completely. Shit happens. People working
> for businesses make mistakes (not the businesses themselves). If I was
> "critically allergic" to cheese, I wouldn't care if the Creator of the
> Universe himself told me it didn't contain cheese. I'd check.
>
> --
> Cheers
> Chatty Cathy

Sometimes circumstances are happen during that critical period when they
should be checking, and the critical checking moment is gone.

I guess I'd be a good juror for the person; sad to say, because I do believe
in personal responsibility.

Dee Dee

"Steve Wertz" > wrote in message
...
> On Mon, 13 Aug 2007 15:07:21 -0000, maxine in ri wrote:
>
>> There was the case of an allegedly kosher butcher in NJ or NY who was
>> passing off non-kosher meat to his clientel. The rabbis and community
>> took care of it.
>
> They blessed him and put him through the meat grinder?
>
> -sw

Sweeny Todd pies.
Dee Dee

"Steve Wertz" > wrote in message
...
> On Mon, 13 Aug 2007 09:45:17 -0400, Dave Smith wrote:
>
>> And what's the worst that happens if a lactose intolerant person eats a
>> cheese burger....... gas and diarrhoea. It is not like it is a life
>> threatening condition. That stuff is barely cheese anyway.
>
> Immediate reactions such as the article portrays are practically
> unheard of.
>
> "The man says he bit into a hamburger and had a severe allergic
> reaction to the cheese melted on it."
>
> He didn't even swallow the damned thing.
>
> I've eaten McDonald's burgers before and it quite evident whether
> there is cheese on the burger even before I eat it - it sticks to
> the wrapper. One fast food giant even went so far as to promote
> scraping the cheese off the wrapper calling it bonus "cheese
> triangles"
>
> -sw

Have we started banning cheese on burgers in schools?
Dee Dee

Peter A wrote:
>
> In article >,
> says...
> > I'm not absolving McD's of anything, simply saying gee, didn't someone look?
> > I mean if this guy's allergy to cheese is *that* bad you'd think someone
> > (including himself) would have checked his order. It's not like cheese is
> > invisible.
> >
>
> I agree in part - the guy "should" have looked. I would have. But, the
> fact that he did not look doesn't absolve McD's of its responsibility.
> They made a mistake, they are responsible for that mistake.


So they made a mistake. They gave him something more than he asked for.
What is the big deal?

If he is so extremely allergic to cheese that he had a serious reaction the
onus is really on him to check. He is the one who is going to suffer.

> Situations such as this are rarely clear cut. No one party is totally at
> fault while the other is totally blameless. You and others seem to think
> that because the victim did not behave perfectly that the responsibility
> is all his. Why not reverse that? The business did not behave perfectly
> so the responsibility is all their's.

He is the one with the problem that is so extremely serious, so he should
be checking things himself before putting them in his mouth. I don't think
that anyone here expects the guy to be perfect in his action, but he
expects perfection from a fast food joint. I think it is only fair to judge
MacDonalds by the same standards he accepts for himself.

zxcvbob wrote:
> Melba's Jammin' wrote:
>> In article >,
>> (David Fetter) wrote:
>>> The real coffee story is a lot less flattering to McDonalds than you
>>> appear to assume here.
>>>
>>> http://www.lectlaw.com/files/cur78.htm
>>
>> An interesting read. Thank you.
>
> McD's screwed up bigtime by not taking the case seriously, and they
> got out-lawyered. Being right is not necessarily a good defense.
>
When I brew coffee at home I have a reasonable expectation that it will be
HOT. I've never checked the temperature but I do know if I spill it on
myself I'm going to get burned. Personal responsibility aside, what
happened to common sense?

Jill

ChattyCathy wrote:
>

> As usual, you missed the point completely. Shit happens. People working
> for businesses make mistakes (not the businesses themselves). If I was
> "critically allergic" to cheese, I wouldn't care if the Creator of the
> Universe himself told me it didn't contain cheese. I'd check.


You are bang on there. I have a problem with nuts. I do not have a deadly
reaction to them, but I do suffer when I eat them. There are a lot of
things that I do not eat because they contain nuts. If I am not sure about
something I ask. I have been told a few times that they weren't sure, and
if the thing looked good enough I would go ahead and order it, but am
always careful to check for nuts. If there are just a few I pick them out.
If they are finely chopped and throughout, I don't eat it.

big fish wrote:
>>
> The guy should have checked the burger himself before eating. Mix-ups do
> happen and if the allergy was that bad, he needed to be sure for his own
> safety.


I feel the same way about birth control. I know that a lot of women will
disagree with me, but I think that the ultimate responsibility for birth
control is the female's. She is the one who is going to get pregnant. She
is the one who is going to be saddled down with an unwanted child. She
could trust the guy to pull out in time, to use a condom that has been
rotting in his wallet for ten years, or believe that he had a vasectomy.
If she has sex with a stranger or near stranger, he is not going to be
around when she needs financial and other support. I am not saying that
men should not take any action or any responsibility, but if I were the one
who would left holding the bag when things go bad, I would want not be
prepared to trust someone else.

On Aug 13, 10:00?am, The Truthful Assh0le > wrote:
> On Aug 13, 6:53 am, Sheldon > wrote:
>
>
>
>
>
> > Andy <q> wrote:
> > > jmcquown said...
>
> > > > If you place a special order shouldn't you check it before you leave the
> > > > establishment? I eat my burgers plain. It's been a long time since I
> > > > was at a McD's but I always checked to make sure my burger was to order
> > > > before I drove off. I guess it's a good thing for McDonald's he didn't
> > > > order coffee, too.
>
> > > It's his own bozo fault for not actually checking. If he was cautious enough
> > > to order it that way because of a cheese allergy and knowing he could
> > > possibly die,
>
> > Why is anyone so deathly allergic to cheese eating from Booger King...
> > they serve cheese there! DUH
>
> > People with food allergies, or any health issues, are ultimately
> > responsible for their own welfare.
>
> > Of course the fast food joints may not be serving actual cheese, odds
> > are more likely it's a vegetable fat product containing no cheese
> > whatsoever. But it's still the responsibility of the patron to find
> > out.
>
> No, Sheldon. It is Pasteurized process cheese food. In the long list
> of ingredients, cheese is the first ingredient. Crappy, yes, but it
> is real dairy.
>
> " Pasteurized process cheese food is a variation of process cheese
> that may have dry milk, whey solids, or anhydrous milkfat added, which
> reduces the amount of cheese in the finished product. It must contain
> at least 51% of the cheese ingredient by weight, have a moisture
> content less than 44%, and have at least 23% milkfat."
> source-- http://pubs.acs.org/cen/whatstuff/stuff/7806sci2.html

That's the more expensive type (Velveeta is one, Kraft Singles
another) but there are also many brands of "American Singles" that
contain no dairy whatsoever.

But that's not the point, someone who is "deathly" allergic to chese
shouldn't ever eat anything from a joint that serves cheese... such an
eatery can't gurantee that there will be no trace of cheese in
anything they serve, just like so many food products nowadays clearly
label how the product is produced in a plant that also produces foods
containing peanuts... those allergic to peanuts have been warned.

If a fast food joint (or any eatery) lists cheeseboogers on their menu
(can't have a better warning) no one who is deathly allergic to cheese
should eat anything prepared there... the cheeseboogers are cooked
right along with the plain boogers, flipped with the same flipper...
ALL those boogers can be considered to contain some cheese, no matter
you can't actually see any. Anyone deathly allergic to cheese would
be just as much an imbecile ordering food from a pizza parlor. Anyone
deathly allergic to shellfish would be a frikin moron eating at a
seafood restaurant.

No restaurant is under any duty to protect anyone from their food
allergy... you want special care, sign yourself into a hospital/
sanitarium and have your medical doctor confer with the staff
dietician.

Sheldon

"jmcquown"
> So, he ordered two quarter pounders without cheese. And the excuse for
> this
> lawsuit is he didn't notice it had cheese on it because he was eating in a
> dark room. What?!
>
> If you place a special order shouldn't you check it before you leave the
> establishment? I eat my burgers plain. It's been a long time since I was
> at a McD's but I always checked to make sure my burger was to order before
> I
> drove off. I guess it's a good thing for McDonald's he didn't order
> coffee,
> too.
>
> Jill
>
>

The guy should have checked the burger himself before eating. Mix-ups do
happen and if the allergy was that bad, he needed to be sure for his own
safety.

I can't have any milk or milk products like cheese and ice cream. When I
order a baked potato I always state NO SOUR CREAM, guess what. Out comes the
potato WITH sour cream. I like my ice tea unsweetened and without lemon.
That is how I order it. Out comes the tea WITH lemon. I eat my salads
without dressing. When I order I always state NO DRESSING. The next thing
out of the waiter's mouth is "what type of dressing?" I think that folks in
the food service area just do things automatically and don't hear or pay
attention to something that falls out of their normal zone. I have returned
a lot of food simply because the kitchen staff didn't follow what I had
ordered. I check everything since I know what the results can be for me. It
is my responsibility to take care of myself. Gee, maybe I won't the next
time so I can file a large lawsuit.

Peter A said...

> In article >,
> says...
>> I'm not absolving McD's of anything, simply saying gee, didn't someone
>> look? I mean if this guy's allergy to cheese is *that* bad you'd think
>> someone (including himself) would have checked his order. It's not
>> like cheese is invisible.
>>
>
> I agree in part - the guy "should" have looked. I would have. But, the
> fact that he did not look doesn't absolve McD's of its responsibility.
> They made a mistake, they are responsible for that mistake.
>
> Situations such as this are rarely clear cut. No one party is totally at
> fault while the other is totally blameless. You and others seem to think
> that because the victim did not behave perfectly that the responsibility
> is all his. Why not reverse that? The business did not behave perfectly
> so the responsibility is all their's.


All signs point to a mistake made amongst the three plaintiffs in the dark
of the car as they drove away and passed around burgers!

His lawyer's claims are too easily staged and the case is filed almost two
years later! That's a familiar practice. Where evidence is missing,
witnesses don't remember. This becomes a "he said, we said" run-around. The
plaintiff's will have to prove it with evidence. A simple receipt is not
good enough. They could've circled the drive-thru twice, a minute apart!
Then used only the reciept that supposedly proves the allergic reaction.

Trusting a bunch of McD employees to spare or destroy his life over a slice
or two of cheese is pure folly! It's his fault and the other participants
in the vehicle in cahoots to fraudently sue McD for their mistake or dirty
deed.

Imho,

Andy