www.wvrecord.com
May. 15, 2008 | West Virginia's Legal Journal
 
ARGUMENTS

McJackpot Justice

8/9/2007 9:57 PM

You get a three-piece at KFC. Or make a sandwich at home. Have a bowl of beef vegetable soup. Or, dare we suggest, happen a double-checking glance, just in case, at the burger you ordered from that fast food giant whose unofficial "mayor" is named for a popular ingredient that can kill you.

But when you're so allergic to cheese that even a single taste can prove life-threatening, you don't do what Jeromy Jackson did.

You don't eat at McDonald's, where they sell slices by the truckload, unless you're really, really careful. And you never play Russian Roulette with the drive-through bag -- blindly grabbing, opening and biting into a burger, when you know that if the teenage order clerk didn't get your order dead-on (because they always do), you soon will be making beeline for the ER.

By his account, Mr. Jackson had a scare. But save the standard "mental anguish" we all suffer after we do something really stupid -- Jackson says he "was only moments from death and/or seriously debilitation (sic) injury when hospital staff intervened" -- he seems to have survived the wayward cheese slice without any long-term effects. That's our reading of his complaint, anyway, in which the Clarksburg man is demanding $10 million in compensation for his troubles.

You read that figure correctly. In a lawsuit filed late last month in Monongalia Circuit Court, Jackson wants McDonald's to pay him a whopping $10 million because it served him, on accident, a quarter pounder with cheese.

Mayor McCheese, if he were still running things beneath the golden arches, would be shocked and outraged.

"Mr. Jackson repeatedly asked as to the status of his food and whether it had no cheese," reads the lawsuit. "(He) took multiple preventive steps to assure his food did not contain cheese."

That's except the most obvious one, or actually looking at the burger he was about to eat before he put his life in danger by taking a bite.

Jackson, as lawyers like to say, was himself negligent. Even if you believe this story on its face -- and no doubt, many of you don't -- this drama was his fault. He put his own life in danger with his own general carelessness.

It shows an incredible disrespect for the concept of personal responsibility that he's now asking our courts to find otherwise, making Jackson and his attorney (of course) filthy rich in the process.

This case should be dismissed in short order. Our civil justice system exists to protect us from one another, not from ourselves.


EMAIL A FRIEND | PRINT | DIGG THIS | POST TO DEL.ICIO.US




COMMENTS ON THIS ARTICLE

No comments have been posted in the last 15 days!


SEND US YOUR COMMENTS ON THIS ARTICLE



* - Required fields

Subject: *
Message: *
Contact Name: *
Contact URL:
Contact Email: *
Write the text from image below to this textbox


Human image test


EMAIL A FRIEND | PRINT

SUBSCRIBE To get our free email newsletter and make changes to your subscription:
 
 Subscribe to Print Edition
 Renew Print Edition Subscription
Women rule and other quick hits on the election - 5/15/2008
LETTER TO THE EDITOR: State senator says WVU is not our call - 5/15/2008

ARGUMENTS Archive
Powerful sprinkler injured woman, suit claims
Maynard info won't be released before primary
Former legislator, others sued over teacher retirement plan
Mailers make mock McGraw memos
Putnam man names 31 companies in asbestos suit

Gee, this story sounds familiar
Wright was a good man
This is what we do, and this is what you do

BLOG Archive
Should professors at state-funded universities be allowed to collect full salary while campaigning for full-time public office?
Yes
 
 
(96.23%)
No
 
 
(3.77%)
 

Total Votes: 5251

View Results
Need to know more about us or have questions? Try the links below:
Where you can find The West Virginia Record
Contact us
By way of introduction






Chicago Steaks



Happiness Spreads