The Conservative Cave
The Bar => The Lounge => Topic started by: Miss Mia on November 23, 2008, 11:12:38 PM
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Couple sues McDonald's over nude photos on Web: Husband left phone with wife's naked pictures at restaurant (http://nwanews.com/nwat/News/71375/)
A Bella Vista couple found out the hard way that when a wife sends nude pictures of herself to her husband's cell phone, these pictures can end up on the Internet.
Phillip and Tina Sherman filed a lawsuit Friday against McDonald's Corp.; Mathews Management Co., which owns the McDonald's franchise on Sixth Street in Fayetteville; and Aaron Brummley, a manager of the restaurant.
The Shermans seek more than $ 3 million in damages after nude photos of Tina Sherman were posted on a Web site and she received threatening and harassing text and phone messages, according to the lawsuit.
Phillip Sherman on July 5 left his cell phone in the McDonald's restaurant. His wife had previously sent nude pictures of herself to this cell phone for his own use, according to the complaint.
Brummley called Phillip Sherman's mother using this cell phone and said he would keep the cell phone until Phillip Sherman could come pick it up. Before Phillip Sherman could return to the restaurant to get the phone, his wife received text messages from his phone.
"I've seen your pictures Tina, I liked what I saw," one message stated, according to the complaint.
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And that's why I never send my nekkid pics by cell phone. :uhsure:
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And that's why I never send my nekkid pics by cell phone. :uhsure:
Stick with polaroids ;) hehe
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how is this mcdonald's fault? they sell burgers and fries; they don't secure lost property.
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I'd be inclined to agree, if it was a cashier whom did it...
But... it was a "manager"... within the company...
I don't understand how it makes a difference that it was someone who manages burger flippers instead of actual burger flippers. I don't see how it became his/her responsibility to secure property that the owner had already lost.
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where did the picture go?
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how is this mcdonald's fault? they sell burgers and fries; they don't secure lost property.
I agree, sounds like a bogus lawsuit to me.
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how is this mcdonald's fault? they sell burgers and fries; they don't secure lost property.
Agency Law -- the employer is responsible for the deeds and misdeeds of their employees when the employee is performing his/her duties.
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I agree, sounds like a bogus lawsuit to me.
See above.
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Okay folks, flame away, but...
I think they might have a case here. Here's why:
--McDonald's DOES have "lost and found" policies in place. The manager did not have the right OR permission to look through the guy's phone once it was identified as his. He certainly didn't have permission to upload anything to any site. The fact that he did this on the clock makes McDonald's liable as he is a company representative, even if he is a 24-year old loser dipshit (guessing, of course). Put it this way--if I lose a wallet and I describe it, does that give someone the right to use the credit cards, cash, or license it might contain?
That being said, if you're going to send pics of naughty bits to someone or save naughty bits of someone else, a little caution is in order. Don't be leaving said devices around where anyone can just pick them up.
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Okay folks, flame away, but...
I think they might have a case here. Here's why:
--McDonald's DOES have "lost and found" policies in place. The manager did not have the right OR permission to look through the guy's phone once it was identified as his. He certainly didn't have permission to upload anything to any site. The fact that he did this on the clock makes McDonald's liable as he is a company representative, even if he is a 24-year old loser dipshit (guessing, of course). Put it this way--if I lose a wallet and I describe it, does that give someone the right to use the credit cards, cash, or license it might contain?
That being said, if you're going to send pics of naughty bits to someone or save naughty bits of someone else, a little caution is in order. Don't be leaving said devices around where anyone can just pick them up.
You are dead on. On both points.
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* The woman was stupid in transmitting the photo...anywhere. That was her bad choice.
* The husband is at fault for losing the phone.
* The nosy mgr at the McDonalds needs to be fired.
Worth $3 million??? Not hardly.
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* The woman was stupid in transmitting the photo...anywhere. That was her bad choice.
* The husband is at fault for losing the phone.
* The nosy mgr at the McDonalds needs to be fired.
Worth $3 million??? Not hardly.
What you said.
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* The woman was stupid in transmitting the photo...anywhere. That was her bad choice.
* The husband is at fault for losing the phone.
* The nosy mgr at the McDonalds needs to be fired.
Worth $3 million??? Not hardly.
Agreed on all points, but because the nosy manager did it on company time and not his own, deep pockets will pay. Will they go to trial and get anywhere near $3M? Probably not--more than likely they'll just quietly settle for a couple hundred grand and hubby will get a CCW permit to take care of any stray idiots who happen to show up at the house.
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This brings back memories.
15 or so years ago, someone dumped a load of trash on my property. It consisted of a couple of broken down pieces of furniture and bags of trash. Tore the bags open and found mail to the person who's junk it was. Also found several nude photos of a right nice looking 30+ woman. Gave the mail and photos to the county judge and asked him to get the trash removed. He did.
Turns out it was the ladies teenage son that had dumped the trash. She was moving to Florida. Judge said she was quite red in the face when she picked up the pictures. He said he couldn't tell wheather she was embarassed by it all or just angry at the son...... :rotf:
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Agency Law -- the employer is responsible for the deeds and misdeeds of their employees when the employee is performing his/her duties.
As far as McDonald's defense is concerned, that's the issue whether it was a manager or a cashier. Their defense hinges on convincing the jury that using the phone like this was outside the scope of his managerial duties, as most rational people would think it was. Of course this appears to be from California, so McDonald's has a great incentive to settle it.
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They'll settle (McDonalds)...... it'd be too costly NOT to do so. While the manager failed in his duties, he HAD to have removed the phone from McDonald's property, uploaded the contents of the phone to his personal computer, and then to his (or someone's)website. In that sense, I would hold the manager responsible, personally. If the courts would hold people like this manager more accountable than the various companies, we wouldn't be paying for all of these lawsuits through increased prices, etc.
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where is mcdonald's legal obligation to protect the lady's privacy? where is the liability? and how in the world do you access damages, even if you could manufacture such an obligation? how could you prove who uploaded them to whatever porno site they turned up on. in fact, how could you prove that they husband didn't post them himself? they took dirty pictures of each other for a reason, how do we know they didn't do this themselves?
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where is mcdonald's legal obligation to protect the lady's privacy? where is the liability? and how in the world do you access damages, even if you could manufacture such an obligation? how could you prove who uploaded them to whatever porno site they turned up on. in fact, how could you prove that they husband didn't post them himself? they took dirty pictures of each other for a reason, how do we know they didn't do this themselves?
Maybe it's just me, but I think it's kinda sad there has to be some kind of "legal obligation" to protect someone's privacy. Geez :( I just think that's basic human consideration. Oh well.
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Maybe it's just me, but I think it's kinda sad there has to be some kind of "legal obligation" to protect someone's privacy. Geez :( I just think that's basic human consideration. Oh well.
sure. otherwise people would be dragging you into civil court and suing because you were rude, or you cut in line at the movies, or you failed to secure someone's lost nudie pics. :-)
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Maybe it's just me, but I think it's kinda sad there has to be some kind of "legal obligation" to protect someone's privacy. Geez :( I just think that's basic human consideration. Oh well.
If she really, really valued her privacy, would she be emailing nude pics of herself?
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They'll settle (McDonalds)...... it'd be too costly NOT to do so. While the manager failed in his duties, he HAD to have removed the phone from McDonald's property, uploaded the contents of the phone to his personal computer, and then to his (or someone's)website. In that sense, I would hold the manager responsible, personally. If the courts would hold people like this manager more accountable than the various companies, we wouldn't be paying for all of these lawsuits through increased prices, etc.
It's not even that hard. Camera phones can forward pics directly to any e-mail account, and phones with web access (iPhone, etc) can go to photobucket or other websites directly as well. Only takes a matter of minutes.
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where is mcdonald's legal obligation to protect the lady's privacy? where is the liability? and how in the world do you access damages, even if you could manufacture such an obligation? how could you prove who uploaded them to whatever porno site they turned up on. in fact, how could you prove that they husband didn't post them himself? they took dirty pictures of each other for a reason, how do we know they didn't do this themselves?
Uploads would be timestamped, it wouldn't be difficult to determine when they were done, and if it was during the time (particularly after) it was determined the manager had possession of the phone, he's screwed.
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If she really, really valued her privacy, would she be emailing nude pics of herself?
Over a cellular network? Probably not.
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Hmmmm.
Kinda wonderin' when The Messiah is going to take a look at this and ban the use of cell phones with photo-taking capability.
Since people can't be trusted to manage their own affairs, it's high time that the gummint steps in and takes charge!
:hyper:
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If she really, really valued her privacy, would she be emailing nude pics of herself?
Oh I agree completely. When you send pictures like that via cell phones, you have to be willing to deal with whatever happens as a result :) I've done it, don't see what the big deal is. Just think it sucks someone took it upon themselves to post those things on the internet. *shrug* Oh wells.
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Hmmmm.
Kinda wonderin' when The Messiah is going to take a look at this and ban the use of cell phones with photo-taking capability.
Since people can't be trusted to manage their own affairs, it's high time that the gummint steps in and takes charge!
:hyper:
Then only criminals will have cell phones with cameras. :fuelfire: :tongue:
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Oh I agree completely. When you send pictures like that via cell phones, you have to be willing to deal with whatever happens as a result :) I've done it, don't see what the big deal is. Just think it sucks someone took it upon themselves to post those things on the internet. *shrug* Oh wells.
Yep, that's why he needs to be fired.
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Oh I agree completely. When you send pictures like that via cell phones, you have to be willing to deal with whatever happens as a result :) I've done it, don't see what the big deal is. Just think it sucks someone took it upon themselves to post those things on the internet. *shrug* Oh wells.
If you've done it, where the hell are YOUR pictures!?!?
:naughty:
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If you've done it, where the hell are YOUR pictures!?!?
:naughty:
Hopefully not on my ex's phone anymore :) hehe Most of them are locked away in the cell phone naked pictures vault ;) lol
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3 million bucks. :hyper:
I gotta dig out my cell phone and head for McDonalds later today!
;)
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If you've done it, where the hell are YOUR pictures!?!?
:naughty:
Who wants pictures of nekkid cell phones? :-)
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Who wants pictures of nekkid cell phones? :-)
lol :) there are all kinds of pervs out there man ;) ya never know!!
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Hopefully not on my ex's phone anymore :) hehe Most of them are locked away in the cell phone naked pictures vault ;) lol
And I suppose that the key's been thrown away? Or are they being saved for a rainy day? Hm?
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lol :) there are all kinds of pervs out there man ;) ya never know!!
That's what you call a real "niche" fetish. Probably doesn't even exist on Google.
I'd Google it but I'm sure my work filters would send a little message to the corporate yahoos.
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That's what you call a real "niche" fetish. Probably doesn't even exist on Google.
I'd Google it but I'm sure my work filters would send a little message to the corporate yahoos.
Are google and yahoo on speaking terms? :lmao:
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Are google and yahoo on speaking terms? :lmao:
Meh, don't know, don't care. Overpriced stock anyway.
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And I suppose that the key's been thrown away? Or are they being saved for a rainy day? Hm?
Oh I'm sure there's a key around somewhere :)
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Oh I'm sure there's a key around somewhere :)
Dang. I was gonna call a locksmith. :cheersmate:
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Oh I'm sure there's a key around somewhere :)
Ropes don't need keys.
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Who wants pictures of nekkid cell phones? :-)
Do NOT do a google image search of cell phone porn.
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* The woman was stupid in transmitting the photo...anywhere. That was her bad choice.
* The husband is at fault for losing the phone.
* The nosy mgr at the McDonalds needs to be fired.
Worth $3 million??? Not hardly.
Why not? An idiot spilling hot coffee in her own lap - from a cup that just happened to have the McDonalds logo on it - was worth a $3 million dollar McPayout from the McLottery. The McSuckers there had even less of an active hand in the complaint in question than does the McSucker in this complaint. Prescident has been set.
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Why not? An idiot spilling hot coffee in her own lap - from a cup that just happened to have the McDonalds logo on it - was worth a $3 million dollar McPayout from the McLottery. The McSuckers there had even less of an active hand in the complaint in question than does the McSucker in this complaint. Prescident has been set.
McDonalds was serving coffee around 200 degrees. It was hot enough that she had 3rd burns. After working in the coffee industry for 4 years, I can tell you 200 degrees is ridiculously hot.
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McDonalds was serving coffee around 200 degrees. It was hot enough that she had 3rd burns. After working in the coffee industry for 4 years, I can tell you 200 degrees is ridiculously hot.
And ridiculously tasty ;)
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From what I've heard from those supposedly in the know, McDonald's could have avoided the whole coffee debacle by paying the medicals, which is all the woman was asking for in the first place, and with third degree burns there is no doubt they were real medical expenses and an intelligent management decision would have been to settle it for that on a 'good will' basis instead of going to court (which was going to cost more than medicals for anything short of organ replacement surgery from the git-go).
Of course McDonald's is by and large a franchise operation with franchisee business organizations running typically between one and a dozen local or regional stores, so corporate is not necessarily in the undisputed driver's seat when the shit hits the fan on claims like hers.
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From what I've heard from those supposedly in the know, McDonald's could have avoided the whole coffee debacle by paying the medicals, which is all the woman was asking for in the first place, and with third degree burns there is no doubt they were real medical expenses and an intelligent management decision would have been to settle it for that on a 'good will' basis instead of going to court (which was going to cost more than medicals for anything short of organ replacement surgery from the git-go).
Of course McDonald's is by and large a franchise operation with franchisee business organizations running typically between one and a dozen local or regional stores, so corporate is not necessarily in the undisputed driver's seat when the shit hits the fan on claims like hers.
Yeah the woman and her lawyer tried to settle a bunch of times. McDonald's just thought that there was no way a jury would find against them.
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From what I've heard from those supposedly in the know, McDonald's could have avoided the whole coffee debacle by paying the medicals, which is all the woman was asking for in the first place, and with third degree burns there is no doubt they were real medical expenses and an intelligent management decision would have been to settle it for that on a 'good will' basis instead of going to court (which was going to cost more than medicals for anything short of organ replacement surgery from the git-go).
True.
The truth is that 79 year old Stella Leibeck sustained third degree injuries over 6% of her body and lesser burns over another 16% of her body, and spent eight days in the hospital where she received multiple skin grafts. She also underwent two years of physical therapy after the accident. Her hospital bills came to more than $11,000.
In 79 years, the plaintiff had never brought suit against anyone for anything. She only brought suit against McDonalds when they offered her $800 in compensation for her $11,000 medical bills, and refused to consider increasing their settlement offer.
http://www.talkaboutcoffee.com/coffee-lawsuit-myths.html
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I heard Ronald the clown got ahold of the pictures and made a mess of the phone. :evillaugh:
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And that's why I never send my nekkid pics by cell phone. :uhsure:
Yeah its much better by Western Union. :fuelfire:
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Hopefully not on my ex's phone anymore :) hehe Most of them are locked away in the cell phone naked pictures vault ;) lol
I so need to get me one of those,LOL.
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That's what you call a real "niche" fetish. Probably doesn't even exist on Google.
I'd Google it but I'm sure my work filters would send a little message to the corporate yahoos.
Your Google Fu is weak young Skywalker
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I so need to get me one of those,LOL.
It's a quality investment ;) lol
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It's a quality investment ;) lol
As are all good Porn Vaults
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What the hell is a 79-year-old grandma doing drinking coffee in a car anyway?
Shouldn't she have been in a freakin' nursing home or sumpin'?
:yawn:
Actually, this is the classic David versus Goliath story. Little ol' David (Grandma) goes up against Goliath (Mickey D's) armed only with her babushka and her coffee stirrer.
So Mickey D's ponies up $2 million to cover $11,000 in medical bills. (The lawyers' fees surely amounted to $1.89 million.)
It's a good thing I drink my coffee black.
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I thought that band geeks drank their coffee with cream and sugar with their pinky sticking out......
:rotf: :rotf: :rotf:
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I thought that band geeks drank their coffee with cream and sugar with their pinky sticking out......
:rotf: :rotf: :rotf:
My pinkies were chewed off in a knock-down, drag-out fight with a pillowcase one night after a gig.
:-)
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Good thing that Baritone players don't need their pinkies .... :-)
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True.
Quote
The truth is that 79 year old Stella Leibeck sustained third degree injuries over 6% of her body and lesser burns over another 16% of her body, and spent eight days in the hospital where she received multiple skin grafts. She also underwent two years of physical therapy after the accident. Her hospital bills came to more than $11,000.
In 79 years, the plaintiff had never brought suit against anyone for anything. She only brought suit against McDonalds when they offered her $800 in compensation for her $11,000 medical bills, and refused to consider increasing their settlement offer.
http://www.talkaboutcoffee.com/coffee-lawsuit-myths.html
http://www.talkaboutcoffee.com/coffee-lawsuit-myths.html
WTF?
Did she try to bath with it or something?
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WTF?
Did she try to bath with it or something?
She tucked it between her legs and it spilled. The burning actually melted her hose to her legs and she had 3rd degree burns on her legs and thighs.
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Ah.
Like the person in the capitol building that opened the letter in 01 and saw the anthrax powder and screamed and threw it across the room thus ensuring dispersal.
Panic is a bitch.
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... unless you're a drunken sailor who's had std's from all seven seas...
Hey !! Let's watch the stereotyping...... :uhsure:
:popcorn:
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Did this get settled years ago and McDonald's ended up putting on warning on their coffee cups hot coffee could result in nude pictures being posted all over the Internets?
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Did this get settled years ago and McDonald's ended up putting on warning on their coffee cups hot coffee could result in nude pictures being posted all over the Internets?
Well, they will now.
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She tucked it between her legs and it spilled. The burning actually melted her hose to her legs and she had 3rd degree burns on her legs and thighs.
:picsneeded:
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Your Google Fu is weak young Skywalker
It's not that my Google Fu is weak, it's that the IT Dark Side is very strong here.
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Hey !! Let's watch the stereotyping...... :uhsure:
:popcorn:
I've never had an STD on the Arctic Ocean. I'm just a worthless wog... :drunksailor:
And didn't the coffee lady end up getting her award reduced dramatically a couple of times?
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Good thing that Baritone players don't need their pinkies .... :-)
Baritone players? WTF are those?
Homey ain't no baritone player.....
'Course you wouldn't know the difference bein' an extendaphone player an' all...... :tongue:
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Baritone players? WTF are those?
Homey ain't no baritone player.....
'Course you wouldn't know the difference bein' an extendaphone player an' all...... :tongue:
I DO know the difference !!! ( I also know how to jerk your chain too) :-)
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I DO know the difference !!! ( I also know how to jerk your chain too) :-)
Careful with the chain jerk, Rob. Those things can be dangerous.
(http://i75.photobucket.com/albums/i317/Eupher6/tattooed-rear-in-chains.jpg)
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You were supposed to provide a "spork alert" !!! :hammer: :hammer: :hammer:
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I've never had an STD on the Arctic Ocean. I'm just a worthless wog... :drunksailor:
And didn't the coffee lady end up getting her award reduced dramatically a couple of times?
An attorney I know said he went to a seminar or something and they talked about this case. He said the award was reduced down to like $300k or something and he said if the attorney representing McDonalds hadn't been such a smarmy ass that the jury would have never awarded the initial amount they awarded.
Evidently the seminar he went to was about not being a smarmy ass lawyer ..... I don't know how they can NOT be without years of deprogramming but there it is. LOL
KC