![](/file/13784/Image.iso/debate/debate~2/dr06.jpg)
- McJobs and Workers -
get everyone some payback for the McLibel case
Posted by: Luke Kuhn ( Utopian Anarchist Party, USA ) on November 01, 1997 at 13:20:14:
In Reply to: How can you posted by prove it on October 25, 1997 at 08:13:13:
![](/file/13784/Image.iso/debate/debate~2/line3.jpg)
My suggestion is that you SUE McDonalds(which, unlike me, is anything but judgement proof) and not only make some money but get everyone some payback for the McLibel case. Here's what you'll need. First, you need some proof(such as a receipt or some witnesses) that you ate at McD's and of the date and time. Second, you'll need a statement from the doctor who treated you(an expert opinion)that you had food poisoning, when it showed up, and(here's the kicker) the normal delay time from infection to symptoms for the exact kind of illness you had. You must also keep McD's from being able to convince a jury that anything else you ate during the delay time was the culprit. It is best if you can show(such as by co-worker's testimony) that you had nothing else to eat. You will need to prove this by a "preponderance of the evidence"(NOT "beyond a reasonable doubt). You will want to ask for payment of your medical bills, a refund of the price of the ENTIRE meal(as you cannot determine what part made you sick without a sample),REASONABLE pain and suffering, and your time and lost wages at the hospital and in transit. If you keep your requests for punitive damages low, you help your chances with a jury and make it awful hard for McD's to get anywhere with a countersuit. On the other hand, if you are really angry, have no assets to protect from a countersuit, and don't mind being protrayed as the next"hot coffee" case, you could shoot the works and ask for a big judgement. Keep in mind that a jury can always add punitive damages if you so graciously decline to request them. This way, any bad press about "frivolus lawsuits" hits the jury instead of the plaintiff(you). DO expect that McD's will countersue if you make claims you can't back up combined with a request for a large judgement and may do so anyway just to intimidate you off the case. In the latter event, there would even be the option of bringing a second action against McD's(a counter-counter suit) for filing a SLAPP suit and this time asking for the big bucks. This way, McD's gets the scalding(not just the scolding) from the press and you have a good chance of winning the whole pot. If this happens, you may also be able to get a good leftist attorney to take over the case for a contingent fee.
![](/file/13784/Image.iso/debate/debate~2/line3.jpg)
Follow Ups:
None.
|