GTA Granny 1, Rockstar 0

GTA Granny 1, Rockstar 0

October 27, 2006
GamePolitics readers may recall the lawsuit filed last year by an 86-year-old grandmother who purchased Grand Theft Auto San Andreas for her 14-year-old-son before the Hot Coffee revelations became known.

The grandma, Florence Cohen, wants her fifty bucks back. Mrs. Cohen's attorneys are seeking to turn her claim into a class-action suit which would allow anyone who purchased the game before Hot Coffee came to light to seek damages against publisher Take-Two Interactive.

Yesterday, as reported by the New York Daily News, a Manhattan federal judge denied Take-Two's motion to limit the number of GTA San Andreas buyers who could join the class action. The judge may reconsider when details regarding the number and location of plaintiffs in the class become more clear.

Reuters has more.

Comments

@Jeremie

Whoops, my mistake. I meant 140 degrees. 190 was for the gravy. ;)

McD's kept their coffee at 190, and that can give you severe burns in 2-5 seconds. And in a car, with a seatbelt, it takes much longer to squirm out of the way so the coffee isn't on your lap anymore...
Being an ignorant consumer does not entitle you to class-action compensation. Nor is T2 or the ESRB responsible for material that was never intended to be accessible and was accessed via a user-made hack that has to be deliberately sought out and installed by the game's purchaser. That is the end of discussion on this issue, or should be.
so i have the game. I dont play it any more and I cant return it to eb or gs for a trade in. Do I keep it? OR Do I join the lawsuit and get some money?
@ringbark

I hope he was adopted

I don't think her case will get too far since she purchased the game for him despite his age. It's like buying cigarettes for a 15 year old. Sure he's only 3 years away from being able to legally use it, but it's still illegal
@Jeremie

The reason the judge ruled in her favor wasn't because she was an idiot who deserved cash. It's because the coffee was WAY hotter than is safe. I used to work at one of McD's competitors, and we couldn't serve the coffee if the caraff was 190 degrees F or hotter. McD's was trying to make their coffee stay hot longer, by serving it insanely hot to begin with.

As others have pointed out, it wasn't that the coffee burned her, it's that it burned her much worse than a normal cup of fresh coffee, because they kept the caraff temp way too high. If they were worried about it cooling off, they should have used better insulated cups.
Re: mcdonalds lady,
didn't she drive off with the cup of hot coffee in her lap or holding it? and isn't coffee suppose to be hot?
@Warren

That's a classic one (and has also probably happened, if not specifically with that title). But what I think would be better would be a superfundie seeing Bible Black, and thinking "it's a cartoon with bible in the title, it must be wholesome Christian entertainment for children!" (I don't think I should get into the specifics of Bible Black, which is a pity. It's the specifics that make the schadenfruede so delicious. But I'm sure you have a search engine handy and can check yourself...)

You'd be able to hear the resulting head explosion for miles.
Stupid old hag needs to learn to keep with the times.
They demand thier 50$ back, maybe extra money for haivng to go though all this. By suing for the return of purchass price, the game must (or should) be returned and destroyed. Of the 50$, give 40$ to the lawer for winning the case. Buy a new copy for 30$. Net loss of 20$, plus time. And that is if your lucky.

Honostly, what annoys me is I can see many of these people filing saying 'I want my money back! What, turn over the game to the defendant so they can destroy it? MY GAME!" If your suing the for the cost of the item, to be whole and not better, the item must be forgeighted. Many people will just want the money, I bet.
The box said "Strong Sexual Content" on it. Bring your reading glasses to the store next time, Grandma.


Andrew Eisen
/
The box said “Strong Sexual Content” on it. Bring your reading glasses to the store next time, Grandma.
/

QFE!
I wonder, just how many people are/will be invovled in this class action suit anyway?

This is going to be laughed out of court. She doesn't have a leg to stand on. This is even more ludicrous thatn the lady who spilled the coffee on herself at McDonald's (Ironically, both cases involve hot coffee)
@Black Manta:

Just remember that the old lady that sued McDonald's actually WON. So that may not be a really good analogy that Rockstar may want to have;)
@Black Manta

Didn't the McDonalds lady win? I thought she did
Well, the McDonald's case wasn't really -that- ludicrous... The woman had severe burns and only sued because McD refused to pay her hospital bill after the incident. It just sounds very silly at first glance.

More info: http://lawandhelp.com/q298-2.htm
Karja speaks the truth. It's one of these stories that the media has grabbed and ran with and yet again failed to reveal the facts. The water was so hot that it burned her pelvic region and she needed hospital treatment. Now Ive splashed myself with hot water before and apart from a few days of a red mark and initial pain, I did not expect to goto hospital. It was reasonable for her to expect her coffee to be hot enough to maybe wait before drinking but cool enough to avoid scarring and burns. The media glosses over this and goes with the sensationalist headlines instead, something we should all be used to.
@Chuma, @Karja:

And IIRC, wasn't the original judgement "1 day of revenue from coffee"? Doesn't sound unreasonable now, does it?

The problem is, what it takes to punish a multinational is huge, and draws vultures. There needs to be a way to punish them without inciting ambulance chasers to sue at the drop of a hat.
Wait, is that all this old lady wants? Her fifty dollars back? Well, if she lived through the Depression (which most people her age did), I could understand is she wants to squeeze every penny. Still, I hope you're just speaking figurativly, GP.
I wonder if I could get in on this suit? It warped my fragile little mind just as much as anyone else!
Sorry lady, you don't get a refund just because content that wasn't available outside of using third-party software/hardware is present. I don't know why people get so upset about Hot Coffee when in the game you can kill hookers, beat up crack dealers, blow up the Hoover Dam, rob banks, and be a hitman, etc.
Um, last time I checked 14 was younger than 17.
@Zach

This doesn't have to do with the Hot Coffee incident. The old biddy bought the game for her teenage grandson without looking at the M rating on the box and ignoring the fact that the title is of a criminal felony. Then when she saw the child playing she got outraged and tried to return it. She was denied due to the company return policy so she decided to sue RockStar to get her money back.
So... Stealing cars, shooting up random civies, and picking up hookers is ok, but once you find a random clothed sex scene that can only be accessed by installing a mod off the internet, there's a problem?

How wonderfuly absurd!
Re: The McDonald's incident

It also came out that McDonald's had been warned, and repeatedly so, about having their coffee that hot and ignored the warnings.
People have missed the most interesting part of this story, unless by some chance the GP writers have made a mistake.

"An 86-year-old grandmother who purchased Grand Theft Auto San Andreas for her 14-year-old-son."

Please tell us more about this remarkable lady who became a mother at 72.
Has Take Two offered her a "decaffeinated" version?
Clearly the ESRB is broken that they allowed this to happen. The system should be totally revamped so it includes a lower and upper age limit. GTA, rated 17-35 and anyone else plays at their own risk.

As for the coffee case, the lady wasn't driving, the car wasn't moving when it was spilt, and McD admitted in court that drinking coffee at the temp. they were serving it at would cause burns inside your mouth making it unfit for consuption as provided. This whole "coffee should be hot" ignores the fact that "coffee should be drinkable" and the state they were selling it in was undrinkable by definition of the people selling it.
@Mauler

She didn't even play it. She just bought it. Buyers don't read labels. Labels are for suckers.

Besides, Grand Theft Auto: Hooker bashing edition? That's totally appropriate for children. See, it has cartoon characters on the cover, so it's doubly ok.

Quick, someone sell this granny a copy of "Fritz the Cat". It's a cartoon, it must be ok...
Ah, the McDonald's case is mentioned again... IMO, they got what they deserved, especially since they had been warned several times (not to mention settled a lot of cases) in the past and did nothing to change it. Besides, it's not like they ended up losing that much money anyway and the case turned into nothing more than a joke to those who mention it since the media doesn't like to oh you know, research.

This woman's WHOLE reason for the case is because of her finding out about the whole Hot Coffee thing, even though her grandson didn't even access it or anything in that manner. The only real reasoning I can see in a judge letting this go forward with class action status is so that instead of it just being one defeat, which would allow others to spring up, this will kill all potential suits on the matter. Though, I can't see how T2 could or should lose this given she bought a game that was clearly marked that it may not be appropriate for his age.
I may be incorrect....but wasn't only the PC version, and one of the two conosole versions (either Xbox or PS2) in which Hot Coffee was even accessible? I did not see a version of the game specified in the article. This would seem pretty silly if the version she purchased didn't even have Hot Coffee accessible in any way. Also, in the article it refers to Hot Coffee as "secret sex scenes appear when special codes are used"...while we all know this is incorrect, does it mean in actuality "downloading a mod" or "entering a special code with special hardware sold seperately"?
the console versions did have it too, but you had to do 6+ hours of fiddling with devices such as gameshark and whatnot, thereby voiding any chance of a refund.
shes just mad because she cant win the lottery,and btw,this could possibly fail since the FTC found nothing in the inquiry
@niceaznguy721

True, the judge hasn't even finished the prelims yet, so when the FTC report is brought up, I believe the case will be dropped. Or at worst, they'll order an exchange.
Hate to be a bastard here, but if she wins, does that mean I can do something useful with my OG version of GTA:SA instead of just throwing it away?
Yeah, the code for HC was available in the PS2 version as well as the XBox verson (not sure if it was ever made available in the latter though) I remember the PS2 version originally had you alter your save file to access it but then later came the Gameshark/Action Replay/Codebreaker codes for it.
@PHEONIXZERO

I did some quick googling and it appears that in order to get Hot Coffee in the PS2, you need that Game Genie-type thing (wow, did I just make myself sound old?)...anyway, the Xbox one it appears you need to actually have a modded Xbox, and have to install a mod for the game. If this old lady's grandson is 1337 enough to do that at age 14, I think he earned himself some simulated sex.
I always thought the whole Hot Coffee thing was blown way out of proportion. Because after all, anyone who saw Hot Coffee had both a desire to see sexual content and either really good technical skills and/or an internet connection. And anyone with possessing those can easily see content a LOT worse.

It's like if some popular childrens toy, if heated to 500 degrees, could then explode, possibly starting a fire. Does that make the toy a dangerous fire hazard? Because after all, any child that takes a blowtorch to the toy could accidently start a fire. And it's not as if children playing with blow torchs couldn't start a fire anyways, right?
Jabrwock said:
"Quick, someone sell this granny a copy of “Fritz the Cat”. It’s a cartoon, it must be ok…"

"What's that you wanted, little Billy? Oh, I see...err, what's that title say? Urot-suki-doji? Oh, You-wrote-sue-key-dough-gee, ok...well, I guess all the kids are into this Annie-May stuff nowadays...."
Jabrwock said:
“Quick, someone sell this granny a copy of “Fritz the Cat”. It’s a cartoon, it must be ok…”

----------

LOL!

- Warren Lewis
@Brer:
Ah, I remember that timeless classic...oops, I just dated myself.
There is no "hot coffe" its your basic external mod even with the data on the disc it still is completely hidden from all and you need external code to get to it.
I've seen it happen. A 60-something guy in Game was in the queue in front of myself and my brother. His grandson was barely up to my waist.

The guy was buying GTA3.

Obviously, we warned him, and showed him the label. And, thankfully, he went over to the shelves to get a different game.

My next-door neighbour, however, got GTA: Vice City when he was 13 or so. He still has it. And San Andreas now.

*sigh* When will people learn...

Maybe Game and the like need a special section in each store for games of each rating.

THIS IS THE PC 18+ AREA! THIS IS THE PC 15+ AREA! THIS IS THE "GAMES MADE FOR YOUNGER KIDS ASSUMING THEY'RE STUPID" AREA!

Whoops, tangent. :D
hi i am loza i love gta
The fact that she bought it for a 14 year old when the game is clearly 18+ is just ridiculous.
Not all cartoons are for children...I just wish company who show anime would know that before maliciously editing a show.

Also, this is just ridiculous. What kind of idiot is she? Buying a game clearly meant for a 17 year old, not a 14 year old...

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