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BURNING YOUR BOTTOM LINE continued from page 46 independent expert witness with direct experience in the retail coffee industry to explain the scientific rationale for brewing and serving coffee at such high temperatures. THE AFTERMATH The verdict in the McDonald's case created a firestorm of criticism that never really ended. The most frequent complaint has been that the damage award was too big and that Liebeck should have been more careful with her coffee. Over the years, the McDonald's case has become the leading example to some of what is wrong in the American civil justice system. In fact, the case is so infamous that the Utah Supreme Court recently ordered a new trial to a plaintiff in a personal injury case merely because the defense lawyer mentioned the McDonald's case in his closing arguments to a jury. Shortly after the verdict in Liebeck's case, the coffee industry started taking significant action to prevent another jury award of that magnitude. In particular, warning labels now appear on virtually all takeaway cups and lids sold at retail locations. These warnings are generally larger and expressed with more urgency than before the verdict. By 1998, for example, McDonald's had added an exclamation point to its warning labels and placed one on its lids saying "Caution, I'm Hot!" Retailers started warning consumers that the beverage was "Extremely Hot!" and placing these warnings on cups, cup sleeves and lids. Moreover, the SCAA directly assisted attorneys defending hotcoffee spill cases. Acknowledging that the industry was "under attack," the SCAA and its spinoff Coffee Quality Institute (CQI) provided technical and scientific information on the national standards for brewing and holding temperatures to retailers, insurers and defense lawyers through seminars, press releases and other means. The organization stressed that brewing coffee at high temperatures helped draw out "the most flavorful elements from a bed of roasted and ground coffee," while the holding temperature maintained those flavors until the coffee was ready to be served. SCAA executives have also served as expert witnesses in hot46 Fresh Cup Magazine freshcup.com coffee spill cases, explaining the rationale behind the national standards to judges and juries. This testimony has been critically important in defending lawsuits similar to the McDonald's case. It has effectively blunted claims that coffee retailers "callously" brew and serve coffee at temperatures high enough to cause third-degree burns by demonstrating that these temperatures are made necessary by the science of coffee brewing and used in direct response to customers' preference for hot, flavorful coffee. And these efforts have proven successful. Since 1994, there have been two dozen written opinions touching on the subject of whether hot beverage retailers can be held liable for selling coffee brewed in accordance with the national standards. In virtually every case, the courts have held that retail coffee was not "unreasonably dangerous" because its hot temperature was not "beyond that contemplated by the ordinary and reasonable consumer." In addition, courts have concluded that the warning labels that typically appear on the cups, lids and sleeves are legally sufficient. One of the most important aspects of these cases is that they were decided by judges on legal grounds before they had a chance to reach a jury. Presenting a case to a jury is always a risky proposition; a bad set of facts, a poor performance by a key witness or unsympathetic jury members can result in a losing case and a big damage award. DEALING WITH COFFEE SPILL CASES Still, there is ample reason for concern on the part of the retail coffee industry. The high brewing and holding temperature for retail coffee has not changed since Liebeck bought her cup of coffee back in 1992. Nor has anything changed about human physiology; coffee brewed at the national standards can cause very serious burns. And you can be sure that a plaintiff 's trial lawyers will be looking for a poster child coffee spill victim to help counter the criticism over frivolous lawsuits created by the McDonald's case. During the last 20 years, there have been at least 50 cases involving coffee spills that raised at least some of the same allegations as those in the McDonald's case. The scenarios in these