The case Liebeck v. McDonald’s has been a widespread tort case for its outrageous compensatory damages after, the plaintiff spilled coffee in her inner legs causing a third-degree burn. Based on actual facts, the plaintiff, 79 years old Stella Liebeck, ordered a coffee at a McDonald’s drive-thru in Albuquerque. With the vehicle parked, the plaintiff opened the Stylophone cup to add creams and sugars consequently, spilling coffee in her lap. The plaintiff’s grandson rushed Mrs. Liebeck to the hospital, leaving the plaintiff for a week hospitalized with six percent of her body, including her inner thighs, perineum, buttocks, genital, and groin areas burned to a third-degree. However, the plaintiff medical bills ended up with a total of $10,000 dollars. However, …show more content…
McDonald's has the duty to warn customers of the dangerous conditions, such as the sizzling coffee in this case. Although the coffee cup did say "Caution: Contents Hot" McDonald's admitted in court that customers were unaware that the coffee could cause a third-degree burn and the sign on the cup was not a warning rather than a reminder. Although if the franchise's manual allowed McDonald's to have the coffee to 185 degrees Fahrenheit, McDonald's received 700 injuries claims caused by the hot coffee served. Some of the claims resulted from a third-degree burn, such as the plaintiff's injury. McDonald's failed in warning customers of the extremely hot coffee the Stylophone cup held. Furthermore, the defendant argues that the plaintiff had the personal responsibility since she accidentally spilled the coffee in her car and not McDonald's. However, McDonald’s quality assurance manager testified, “a burn hazard exists with any food substance served at 140 degrees or above” indicating the coffee unreasonably dangerous and defective. McDonald’s knew that the holding temperature can cause serious injury to
Mr. Limon’s mother retained Plaintiff to pursue a tort claim on behalf of Mr. Limon and her (collectively, the “Clients”) against the allegedly negligent driver. The negligent driver had an automobile liability policy issued through defendant Geico. Plaintiff alleges that its attorney’s fee contract with the Clients granted it a one-third contingency fee in “all monies collected” as a result of the lawsuit against the negligent driver. (Petition, ¶¶ 5.2, 5.3) 4.
minutes the families where negotiating with Jan to take their case, but their negotiations failed due to lack of data and research. They did not know who was to blame for the cause of the leukemia of their children. But, because there was no tangible being or entity to attach the case to, Jan felt he should not take the case and risk losing it. • By walking away he ended the negotiation. • Cheeseman wanted use rule 11 to prevented case from forward, but his motion was denied when the judge ruled against him.
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
Imagine being torn from your home, forced into camps, discriminated against to the extreme, separated from your family, and possibly even killed just because of your religious beliefs. Many of Europe's Jews suffered this treatment. About 5-6 million jews out of 9 million Jews died in the holocaust. Marion Blumenthal-Lazan, was a jew who did not die. She should receive the Holocaust Medal of Honour.
Another basis to make Murray’s claim viable is the 1983 Church V Commissioner’s case. The court adopted a similar analysis to the Roemer decision. In the church, the taxpayers got $250000 compensatory damages and a punitive damage of $ 235000 in a defamation lawsuit. The court focused on the nature of the claim and identified that the award for compensation was as a result of humiliation, ridicule and total embarrassment. Those injuries were personal tort-type claims contrary to the physical injuries.
Kelly slipped on a woodchip dropped by other customers and got injured . However , the court considered the supermarket still fallen below the required standard of care . And the plaintiff won the case .Because they did not have the adequate cleaning system in their management for that area. On the opposite, for Griffin v Coles Myer Ltd in 1991 ,the plaintiff lost the case as an end .
Incorporation Doctrine and McDonald v. Chicago The McDonald v. Chicago case was a crucial decision by the Supreme Court regarding the 2nd Amendment and state law. This case is interesting for a couple of reasons in my opinion. Firstly, the case revolves around legislation of the 2nd Amendment which is a right held dear to myself and many other Americans. Secondly, the case gives an example of the incorporation doctrine being fully applied.
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.