Faverty V Mcdonald’s Restaurants of Oregon, Inc. and Gacioch V Stroh Brewery Co.

The plaintiff, Stella Liebeck, is represented as the “Individual Responsibility Narrative,” alluding to the fact that the spilling of the McDonald’s coffee was her doing, and therefore should be liable for the damages caused by the spill. Meanwhile McDonald’s, the defendant, narrative is named “Defective Products Liability.” In short, it takes a counteractive stance; though the initial cause was Ms.Liebeck’s fault, their faulty product and lack of warning makes them responsible for her injuries.

Establishing negligence requires the plaintiff to prove the three elements of negligence before a court. The elements are that, the defendant owed the plaintiff a duty of care, the duty of care was breached, and that the harms suffered were directly related to the defendant’s breach. For a successful claims the plaintiff must satisfy all three by the balance of probabilities, which has been the case since Donohue v Stevenson. Simon must therefore prove that there was a duty of care owed to him by the defendant, his teacher, Mr Philpot. Therefore, he must prove that the harm suffered would have been reasonably foreseeable due to the actions or omission of the defendant. In this case, Mr Philpot owes Simon a duty of care, as it is reasonably foreseeable that a failure to provide sufficient supervision could result in injury when considering the nature of the environment they are in and the age of the students. Therefore, the first element is satisfied.

Issue: One day, Kelly Mala went to Crown Bay Marina to buy some fuel for his boat, so he asked a Crown Bay Marina’s attendant to watch his boat while he purchased fuel. However, when he returned, mala saw his boat’s tank was overflowing and fuel was spilling into the boat and into the water. Then Mala began cleaning up the fuel, but as he pulled away from the marina, his boat’s engine caught fire and exploded. Mala was thrown into the water and severely burning. His boat was unsalvageable. Therefore, Kelly Mala sued Crown Bay Marina after his boat exploded.

To sum up, based on the law of negligence, the issues and precedents, Rebecca could win this case by legal process. Because the defendant ‘Zorba’s’ Restaurant owns a duty of care to Rebecca, the restaurant has breached that duty of care;

The decision of the jury was based on the principles of comparative negligence. McDonald's was found guilty and responsible 80% for the coffee burn. Liebeck was found responsible 20% for the occurrence of the incident. Though there was a warning on the coffee cup, the jury decided that the warning was not large enough nor sufficient. They awarded Liebeck $200,000 in compensatory damages, which was reduced to $160,000, and an additional $2.7 million in punitive damages, which was reduced to $480,000. The decision was appealed by both McDonald’s and Liebeck, and both parties settled out of court for an undisclosed amount less than $600,000.

I believe that George and Mary do have a valid case to file against the Don's fast food restaurant.  There is a reason that Don’s restaurant is providing burgers and food for the high schools locality which has been contracted with the school authorities. From the results of the health department’s survey showing that the food from Don’s is causing the children to develop high cholesterol and obesity, with George and Mary’s son being one of those children. There are many legal arguments which can help in the favor of the plaintiff’s case.

39. Under the doctrine of ________, the plaintiff may only recover the proportionate amount of damages attributable to the defendant’s negligence

In determining whether a genuine issue of the material fact whether a genuine issue of material fact occurs regarding the reasonableness of the requested accommodation, we first examine whether Turners facial presenting that her proposed accommodation is possible. If appellant has made out a prima facie showing, the load then shifts to prove a favorable defense, that the accommodations requested by Turner are unreasonable or would cause an undue hardship on the employer. In contrast, If Turner has satisfied her initial burden, Turners proposed accommodation seems practical. At this time, Hershey rotations policy is new one which had never been required of employees in Turners position. If Turner's proposed accommodation would permit the new rotation program to endure, even though on a modified basis. Under Turners proposed accommodation, each inspector could continue to rotate on the hourly basis, with Turners, herself, rotating only between line 8 and 9. Hershey has not put up with that because this is not practical or

In the district court trial, the jury sided with the plaintiff and ruled that the St. Louis Hockey Club was vicariously liable for the plaintiff’s injuries. The trial court agreed with the plaintiff’s argument that as per the doctrine of respondeat superior, the defendant was liable for their employee’s negligent actions that led to the plaintiff’s injuries. As part of their

Separate Opinions: Judgment was affirmed by Judges Lundberg Stratton, O’Donnell, and Cupp, JJ. , as they believed Allen was discharged for taking unauthorized breaks from her scheduled employment. Since Allen failed to present evidence of a discriminatory motive from Isotoner, or that reason for releasing her from employment was a ground for discrimination, Lundberg Stratton, O’Donnell, and Cupp, JJ. felt only the issues presented by the facts of Isotoner discharging Allen due to ‘unauthorized breaks’ should be decided on, while issues of the facts not directly placed on issue should only be responded to with advisory opinion.

28) The Plaintiff was on paid Administrative leave for over 6 months. Which was damaging his career and relationship with his children.

There are many defendants in this case. First and foremost Dale, the loss prevention officer for Wal-Mart, is a defendant because he intentionally restrained Bob against his will and the restraint was unlawful. Dale also failed to follow company rules; Dale was supposed to watch a video that explained how to catch and deal with thieves but decided not to watch the video. The second defendant would be Dale’s supervisor. The supervisor recorded a pass on an exam that dale did not take. The exam Dale failed to write was based on the video that Dale did not watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on

In 2012, a marine project manager called Bellingham Marine Inc. (“Bellingham”) hired Major Engineering Marine Inc. (“Major”) for a project to build a travel lift pier at a harbor. Bellingham then hired a civil engineering firm, Moffatt & Nichol

The jury decided that the plaintiff was entitled to both compensatory damages of $200,000, reduced by $40,000 for her own negligence, and punitive damages totaling $2.7 million (Gerlin, 1994, p.1). Gerlin (1994) goes on to state that “the jury found that McDonald’s had engaged in willful, reckless or malicious conduct” and subsequently used that for the basis of their punitive damages (p. 2). The number settled on was equivalent roughly to two days worth of coffee sales companywide (Gerlin, 1994, p.2). The jury concluded that McDonald’s behaved callously and punished them accordingly (Coffin, 2004, p.4). The jury decided the warning on the cup was insufficient for the hazard (Press, 1995, p.33).

Defendant PepsiCo conducted a promotional campaign in Seattle, Washington from October 1995 to March 1996. The promotion, titled "Pepsi Stuff," attempted to persuade consumers into collecting numerous "Pepsi Points" in order to redeem them for merchandise featuring the Pepsi logo. During this campaign, PepsiCo launched a promotional commercial intended for the ‘Pepsi Generation,' in order to gain the largest possible response to help push their campaign. One such commercial shows a well dressed teenager preparing for school simultaneously advertising a t-shirt, leather jacket and sunglasses for various reasonable point values. As the scene