[oneijoe]

As far as Wendy's is concerned, it was less expensive to pay the $5000 than defend the case.

This is, IMO, is an example of one of the central issues of what's now wrong with America. It heralds back to the McDonald's suit over the spilled coffee. To this day, you'll see a "CAUTION: CONTENTS ARE HOT!" on every cup of coffee sold at a chain restaurant.

Attorneys know big companies will pay rather than defend. All it takes for a lawyer to bring suit is a little of his time once he's found an IDIOT who hurt himself.