homework 3

Decent Essays

Go to Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What must a party establish to prevail on a motion for summary judgment? (3 points) 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 it is entitled to judgment as a matter of law, and that it appears from the evidence, when viewed most strongly in favor …show more content…

C. The year of the decision (2 points) The Year of the decision was 2001. D. The facts of the case (5 points) The customer purchased coffee at a restaurant and placed it in a bag between his legs while driving. The coffee splashed onto the customer, causing second degree burns on his lower stomach, thighs, and groin. The defendant thinks he has no duty to warn the customer on how hot the coffee is and there’s no defect on their coffee machine (the brewing temperature was at 194 where industry standards require it to be plus or minus 5 degrees of 200 degrees). E. The issue of the case (5 points) The plaintiff wants to sue the restaurant for the damages caused by the hot coffee. New York precedent on the issue of scalding coffee that caused first and second degree burns provides that the fact that the coffee was hot enough to cause injury if not properly handled does not mean that it was defective or negligently served. The court believes that hotness of the coffee is an essential attribute of the product. The defendant does not need to warn the plaintiff unless the coffee’s temperature exceeds what it’s supposed to be in the industry standard. In this case, the evidence shows that the coffee temperate was within industry standard, the coffee is served hot is a well known fact and that there’s evidence that the temperate range recommended by the coffee industry for

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