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Blind man sues McD's - people will sue for anything

Posted on 5/31/16 at 4:37 pm
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20386 posts
Posted on 5/31/16 at 4:37 pm
OT lawyers please explain this one to me...

quote:

Is a late-night McDonald’s run a protected right?

A blind Louisiana man says he was denied service when he walked up to a McDonald's late-night drive-thru window in Metairie in 2015, according to the Chicago Tribune.

On Thursday, Scott Magee, 35, filed a class-action lawsuit in Chicago's federal court, alleging that McDonald's has no "concern whatsoever for the accessibility of the late-night drive-thrus to the disabled," the newspaper reported. McDonald's, which has headquarters in Oak Brook, Ill., near Chicago, does not allow walk-up traffic at its late-night drive-thru.

WBBM-TV in Chicago reports that Magee tried to order on foot late at a McDonald’s drive-thru after the lobby had closed one night in August 2015 near his home in Metairie, but the employees “refused service to him, laughed, and told him to go away,” the suit says.

He suffered the same experience on other occasions and “felt ashamed of his inability to access the McDonald’s services,” the suit says.



Why is it again that people who file frivolous lawsuits don't have to pay the lawyer's fees of the people they sue? Oh right, trial lawyers groups exerting pressure on their trial lawyer turned politician buddies.
Posted by Signal Soldier
30.411994,-91.183929
Member since Dec 2010
8608 posts
Posted on 5/31/16 at 4:39 pm to
I agree with him, screw McD's
Posted by mikrit54
Robeline
Member since Oct 2013
8664 posts
Posted on 5/31/16 at 4:39 pm to
This case lacks vision.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 5/31/16 at 4:40 pm to
quote:

Why is it again that people who file frivolous lawsuits don't have to pay the lawyer's fees of the people they sue?

that is theoretically possible

Rule 11

quote:

A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.


are you talking about a "loser pays" system?
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
20386 posts
Posted on 5/31/16 at 4:40 pm to
quote:

This case lacks vision.


If only I could give 1,000 UPvotes.
Posted by WestCoastAg
Member since Oct 2012
151009 posts
Posted on 5/31/16 at 4:40 pm to
I honestly can't see how this case ends up
Posted by StrongBackWeakMind
Member since May 2014
22650 posts
Posted on 5/31/16 at 4:40 pm to
quote:

Why is it again that people who file frivolous lawsuits don't have to pay the lawyer's fees of the people they sue?
They can be made to pay attorney fees.
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
70469 posts
Posted on 5/31/16 at 4:41 pm to
In hindsight, I think he has a case
Posted by boosiebadazz
Member since Feb 2008
86396 posts
Posted on 5/31/16 at 4:41 pm to
quote:

Why is it again that people who file frivolous lawsuits don't have to pay the lawyer's fees of the people they sue? Oh right, trial lawyers groups exerting pressure on their trial lawyer turned politician buddies.




Don't let me stop your uninformed political rant, but this ^ is not entirely true.
Posted by Jim Rockford
Member since May 2011
106047 posts
Posted on 5/31/16 at 4:42 pm to
A blind pedestrian in the drive through lane, what could possibly go wrong?
Posted by slackster
Houston
Member since Mar 2009
91871 posts
Posted on 5/31/16 at 4:43 pm to
That excerpt doesn't tell me a damn thing. Could be frivolous, could have a point, can't tell anything from what they used.
Posted by Motorboat
At the camp
Member since Oct 2007
24312 posts
Posted on 5/31/16 at 4:43 pm to
quote:

Why is it again that people who file frivolous lawsuits don't have to pay the lawyer's fees of the people they sue? Oh right, trial lawyers groups exerting pressure on their trial lawyer turned politician buddies.


There are laws regarding frivolous lawsuits. If this guy's suit is indeed frivolous, then McDonald's should avail themselves of those laws. That said, I would never take this case as common sense says that McDonald's policy is for safety, not to deny blind people access to a drive through window.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 5/31/16 at 4:43 pm to
i'm thinking this is based in some federal anti-discrimination law, likely the ADA

this isn't a case of blaming the lawyers. this is a case of blaming the politicians

and the President who signed the ADA into law was GHWB
Posted by Brosef Stalin
Member since Dec 2011
42598 posts
Posted on 5/31/16 at 4:44 pm to
Its called a drive thru, not a walk thru
Posted by BayouBandit24
Member since Aug 2010
17239 posts
Posted on 5/31/16 at 4:44 pm to
quote:

Why is it again that people who file frivolous lawsuits don't have to pay the lawyer's fees of the people they sue? Oh right, trial lawyers groups exerting pressure on their trial lawyer turned politician buddies.


Posted by Sao
East Texas Piney Woods
Member since Jun 2009
68469 posts
Posted on 5/31/16 at 4:44 pm to
Justice...





Is Blind.






Posted by doubleb
Baton Rouge
Member since Aug 2006
43056 posts
Posted on 5/31/16 at 4:45 pm to
If they served the blind man who walked up to the drive thru window and he was struck and killed by a motorist, then his relatives would sue because mc Donald's served him from a drive up window.

If businesses today had to provide for everyone regardless of handicaps, religion, sexual preferences, and etc.; they would need walk up windows with braille menus, walk up windows with close caption monitors for deaf people, a handicapped drive thru for handicapped people who couldn't hear, a regular drive thru, restrooms for men, women, men who believe they are women, women who believe they are men and a special place for people to order coffee for those that do not realize hot coffee is hot.
Posted by Cdawg
TigerFred's Living Room
Member since Sep 2003
62212 posts
Posted on 5/31/16 at 4:47 pm to
quote:

This case lacks vision.


quote:

I honestly can't see how this case ends up


quote:

In hindsight, I think he has a case


Let's not lose sight of what the case really is about with bad puns.
This post was edited on 5/31/16 at 4:48 pm
Posted by slackster
Houston
Member since Mar 2009
91871 posts
Posted on 5/31/16 at 4:48 pm to
quote:

special place for people to order coffee for those that do not realize hot coffee is hot


I was waiting for this to come up. That lawsuit is a litmus test go determine whether or not someone is informed on a topic such as this. Obviously you aren't.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
40907 posts
Posted on 5/31/16 at 4:49 pm to
I've been denied the exact same service and I'm not blind. Case dismissed.
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