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CURIOSITIES:We need a law against silly lawsuits

COMMENTS &

August 05, 2007|By PETER BUFFA

Are you frivolous? I am. Well, sometimes. But if you want to set people on full buzz at your next dinner party, these two words should do it: "frivolous lawsuits." What are they? Good question. Frivolousness — like beauty, fine wine and who has the best pizza — is in the eye of the beholder. To most of us, a frivolous lawsuit is silly and intended only to make a point or money or both. To trial lawyers, not so much.

Personally, I have to vote with the "most of us" team. Frivolous lawsuits are a real problem, and they cost everyone a bundle, which is a lot. That's why a Newport Beach woman named Maryann Maloney is trying to do something about them. I say three cheers for Maryann. Go ahead, do three cheers. I'll wait. Done? Good. Maloney heads up Orange County Citizens Against Lawsuit Abuse, a Corona del Mar-based advocacy group that claims Orange County cities and the County of Orange coughed up more than $20 million over the last two years in the form of settlements and legal fees as a result of frivolous lawsuits.

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Of course, the poster child for frivolous lawsuits — and her poster hangs on the walls of both consumer advocates and trial lawyers — is Stella Liebeck of Albuquerque, N.M. Stella's name might not ring a bell, but her lawsuit will. In 1992, Stella, 79 at the time, buys a McCoffee at a McDonald's drive-through, spills the whole thing on her lap and is burned badly enough to be hospitalized. Stella and McDonald's end up in court, and two years later, a jury awards Stella $200,000 in compensatory damages and, gulp, $2.7 million in punitive damages. With that verdict, Stella becomes an instant and unwitting celebrity and the symbol of everything that is wrong with the legal system. She makes it into the opening monologue of every late-night talk show, including Jay Leno, who suggests a new warning on McDonald's coffee cups: "Please allow to cool before applying to crotch area."

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