Pictures in the articles below show that factual causation and identification of the plaintiffs should be a bit easier with the Golden Arches embedded in the truck of the retirees. It is the ultimate in a McTort delivered to your car — hold the discovery.
It could make for an interesting question of legal causation. The sign blew off in winds that might have topped 60 miles an hour. Obviously, such signs have to be designed to withstand heavy winds but 60 miles an hour may be near the limit. Local authorities are already calling it a “freak accident” but I am not so sure. Sixty miles an hour winds is clearly high but not unheard of winds.
Carolyn Janke, 68, had to be cut out of the vehicle and both were severely injured. Notably, a man who works in the area, Richardson Laughing, said that locals were concern about the stability of the sign for a while — laying the groundwork for a lawsuit. Such testimony could be determinative given his claim that
he has “seen it blow back and forth in the wind” for years and has “been saying to my wife that it’s going to blow over sometime.’’ He would appear ideal and McDonalds will be hard pressed to convince a court that this is no Laughing matter.
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