MGMT 520 Week 3 Homework Assignment To Submit copy
May 22, 2015
Hamzeh Khirfan
Legal, Political, Ethical Dimensions of Business – Week 3 Assignment.
1. What court decided the case in the assignment?
Court of Appeals of Ohio, First District, Hamilton County.
2. According to the case, what must a party establish to prevail on a motion for summary judgment?
In order to prevail on a motion for summary judgment, a movant has the burden to demonstrate that no genuine issue of material fact remains to be litigated, that is entitled to judgment as a matter of law, and that it appears from the evidence, when viewed most strongly in favor of the nonmoving party, that reasonable minds can come to but one conclusion and that conclusion is adverse to the non-moving party.
In this case, the movant would be the Nadel family.
3. Briefly state the facts of this case.
The child, Christopher Nadel, was suffered second-degree burns on his right foot as a result of spilled hot coffee.
The Nadel’s raised the below claims:
a. Breach of a warranty of merchantability and breach of a warranty of fitness for a particular purpose. Both are based on the allegation that the coffee was too hot to consume.
b. Product liability for a defective product and a failure to warn of the dangers of handling liquid served as hot as appellee’s coffee
c. Negligence both failing to instruct employees how to properly serve hot coffee and for failing to warn business invitees of the danger of handling coffee at the the temperature Burger King coffee was served.
The main issue is not whether the coffee is hot or not, but whether the coffee was so exceedingly hot that serving it without a warning of unforeseen danger.
Spilled coffee is a foreseeable circumstance from going through a drive through. It was undetermined if temperature the coffee was served at was too hot. It was determined there was no breach of warranty, there was not adequate warning about the product and there was no negligence as far as the emotional damage was concerned.
4.
Hamzeh Khirfan
Legal, Political, Ethical Dimensions of Business – Week 3 Assignment.
1. What court decided the case in the assignment?
Court of Appeals of Ohio, First District, Hamilton County.
2. According to the case, what must a party establish to prevail on a motion for summary judgment?
In order to prevail on a motion for summary judgment, a movant has the burden to demonstrate that no genuine issue of material fact remains to be litigated, that is entitled to judgment as a matter of law, and that it appears from the evidence, when viewed most strongly in favor of the nonmoving party, that reasonable minds can come to but one conclusion and that conclusion is adverse to the non-moving party.
In this case, the movant would be the Nadel family.
3. Briefly state the facts of this case.
The child, Christopher Nadel, was suffered second-degree burns on his right foot as a result of spilled hot coffee.
The Nadel’s raised the below claims:
a. Breach of a warranty of merchantability and breach of a warranty of fitness for a particular purpose. Both are based on the allegation that the coffee was too hot to consume.
b. Product liability for a defective product and a failure to warn of the dangers of handling liquid served as hot as appellee’s coffee
c. Negligence both failing to instruct employees how to properly serve hot coffee and for failing to warn business invitees of the danger of handling coffee at the the temperature Burger King coffee was served.
The main issue is not whether the coffee is hot or not, but whether the coffee was so exceedingly hot that serving it without a warning of unforeseen danger.
Spilled coffee is a foreseeable circumstance from going through a drive through. It was undetermined if temperature the coffee was served at was too hot. It was determined there was no breach of warranty, there was not adequate warning about the product and there was no negligence as far as the emotional damage was concerned.
4.