"Drifting Dan" Carlock wins $1.68 million after being left at sea

[Mike Boswell]

IMO McDonalds acted criminally, not negligently, and any comparison to Carlock is inapt. Clearly, the dive op did not intend to cause harm.

Perhaps a better comparison is Janet Orlando: Janet Orlando v. Alarm One, Inc.

 

[merxlin]

IMO McDonalds acted criminally, not negligently, and any comparison to Carlock is inapt. Clearly, the dive op did not intend to cause harm.

Perhaps a better comparison is Janet Orlando: Janet Orlando v. Alarm One, Inc.

Just to clarify, your are referencing the outcome of the settlement procedure, not any similarities in the cases, correct?

 

[Mike Boswell]

Just to clarify, your are referencing the outcome of the settlement procedure, not any similarities in the cases, correct?

The Carlock and Orlando cases are obviously very different. However, they shared many similarites:

• The plaintiffs knowingly and willingly entered into an activity conducted by the defendants.
  
• Many others joined in the same activity with no other reported problems.
  
• The defendants clearly meant no harm.
  
• The defendants did not profit by their conduct.
  
• The defendants did not anticipate the injuries sustained by the plaintiffs.
  
• The damage claimed was mostly emotional/psychological.

None of those things are true in the McDonalds case. McDonalds management simply decided that they would make more money selling cheap coffee than they would lose by burning a few customers.

 

[doctormike]

IMO McDonalds acted criminally, not negligently, and any comparison to Carlock is inapt. Clearly, the dive op did not intend to cause harm.

The comparison was not of McDonald's to Carlock. I just brought up McDonalds because ReefHound correctly pointed out that "..many huge awards started off just like that but the defendant refused to accept one iota of responsibility or pay one nickel in damages."

That was what happened in the McDonald's case...

 

[Thalassamania]

Mike, sorry I misunderstood where you were going.

 

[doctormike]

Mike, sorry I misunderstood where you were going.

No worries!

 

[Zippsy]

we're not going to have a group hug, are we?

 

[Mike Boswell]

we're not going to have a group hug, are we?

I hope not - someone could sue for sexual harassment, and Pete would have to pay.

 

[Tricia]

I hope not - someone could sue for sexual harassment, and Pete would have to pay.

Mike, you've got me ROFL!!!

 

[Zippsy]

BERNAMA - Survivors Of Boat Mishap Relate 16-hour Ordeal At Sea

Wow. Do any lawyers out there want to try to prove some negligence here? The math could be staggering. 16 people x 16/4 hours x $1.68mil x 35% is a cool $37,632,000 for your share (less 10% finder's fee for me, of course)