by Ryan Macdonald

My final film of SIFF 2011 was Hot Coffee at the Harvard Exit.

This documentary is initially about a legal case most of us are familiar with. An elderly woman spilled a cup of McDonalds coffee in her lap, claimed it was too hot, and sued the company for millions. This ignited many a monologue joke and the widely-held belief that this woman was a clumsy idiot who has a hard time with accountability. However, what starts as a specific, well-balanced account of one legal battle meanders into a “bigger picture” story that includes several other legal cases, but not much common sense.

Let me clarify that. There are four cases described in this film.

One is the McDonalds incident. Seeing pictures and hearing the actual story of what happened, I was appalled. Not just because her injuries required $10,000 worth of skin grafts, but because I had been lied to so blatantly, and I swallowed it hook, line and sinker.

Another is a family whose OBGYN made a clumsy mistake that resulted in one of their twins being born with brain damage. Their son is going to need medical care for the rest of his life, but because of the government cap on “non-economic” awards in lawsuits, his future is uncertain.

The third is a Missouri judge who was erroneously smeared in the courts after a vicious political race. In a film where these companies are crying foul in all these suits, seeing these same politicians and companies bringing equally unwarranted cases is tragically ironic.

The final case is a young woman who was raped in Iraq by coworkers while working for Haliburton. Because she signed a contract containing a Mandatory Arbitration clause, and because her rape kit was “lost”, she still hasn’t had her day in court.

Each of these cases is legitimately tragic. I really sympathize with all those involved. These people were completely, blatantly, unapologetically screwed over by large corporations and political influence on the court system. I would never detract from any of their stories or hardships, and I hope all of them find moral and legal justice.

But…

But flashing up “Karl Rove declined to be interviewed for this film” on the screen, playing clips of George W. Bush stuttering through a speech, and purposefully interviewing lawyers working for large corporations does not an honest documentary make, regardless of how much the audience laughs and points and gets caught up in it.

My problem here is that, in a documentary that claims to be about giving validity to so called “frivolous” lawsuits, the filmmaker fails to establish any kind of statistic or ballpark figure for how many cases every year are valid versus how many are stupid wastes of taxpayer money. I understand that Torte Reform is a complicated issue and can potentially screw over a lot of legitimate victims. But going from that to Non-Economic caps, to Mandatory Arbitration clauses takes us too far away from the initial question without actually answering it.

To watch this film, you would think that “frivolous” lawsuits are few and far between; the minority of cases by a landslide. We all know big corporations can be super evil. We know the legal system is intensely flawed. Unfortunately, showing us that most Americans don’t know what Torte Reform means, or what the U.S. Chamber of Commerce is, or what Mandatory Arbitration is, and then telling us your average Joe isn’t likely to file a ridiculous lawsuit just doesn’t jive. This country is full of stupid people. The idea that four examples of legitimate cases is proof of widespread civil suit validity is asinine. You can’t tell me employees are being “forced” to sign contracts with mandatory arbitration clauses, and at the same time that they “don’t know about” said clauses. You’re essentially infantilizing people at the same time you’re relieving them of all accountability.

We’ve all heard about ridiculous lawsuits. They exist. They waste taxpayer money and legal time by going after easy money. This happens. This does not mean that most or even half of all lawsuits are frivolous. Conversely, Hot Coffee does not prove that most are valid. Both kinds are happening all the time. With all due respect, compassion, and prayers for everyone depicted in this film, Torte Reform comes down to the question, “How do we discourage bullshit lawsuits while still acknowledging and providing for real victims.” Like I said, not a simple issue.

I realize, believe it or not, that this film won the Golden Space Needle award for Best Documentary at SIFF this year. Unfortunately, I really believe that documentaries like Hot Coffee which stack all their research and biased investigations on one side of an issue, are irresponsible road blocks on the way to ensuring that McDonalds never again serves coffee at 190 degrees. Or that doctors actually guilty of malpractice aren’t allowed to ruin another child’s life. Or that innocent people, be they judges or young women, are not railroaded by a system that looks out for its benefactors before its victims.

Final Grade: D+

Hot Coffee will air on HBO Monday, June 27 at 9pm PST.

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