John Carter, a New Jersey man, sued McDonald's for injuries he sustained in an auto accident with one of its customers, who spilled a chocolate shake onto his lap while reaching for his fries. Carter alleges McDonald's sold him food knowing he would consume it while driving and failed to provide a warning to the effect of "Don't eat and drive."

The court concluded that McDonald's had no duty to warn customers of obvious hazards, but refused the company's request for attorney's fees, saying the plaintiff's attorney was "creative, imaginative, and he shouldn't be penalized for that." The case was in litigation for three years, underwent appellate-court review, and cost McDonald's more than $100,000.

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