PL sues D in negligence for damages from injuries suffered caused by the D’s failure of meeting the duty of exercising reasonable care to protect PL, a business patron.…
In the case of Scarlet Rose her claim for damages done to her and bills brought up for damages that occur to her because of her slip and fall accident at the Nickel & Dime store on January 31, 2001. Ms. Rose wants compensation for the accident at Nickel & Dime and her medical bills paid. Ms. Rose entered Nickel & Dime and as she was walking and she slipped over a box in the middle of the isle that an employee had placed there. Ms. Rose says that she did not see the box as a rack was blocking her view. She was in a little hurry, but not distracted.…
Smith filed a complaint in trial court claiming that the store was negligent with maintaining safety of their store. She is seeking damages for injuries that she suffered from the fall. The store claims that Smith is just as much at fault as they are and that she was not paying attention to where she was walking because she was too distracted by her child.…
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.…
Case: Bell v. Starbucks U.S. Brands Corp., 389 F.Supp.2d 766 (2005), United States District Court…
On or about April 8, 2013, the plaintiff was en route back to his home after signing a three-year contract with MCI records after winning National Idol. The plaintiff was riding his motorcycle southbound on Highway 57 going a speed of 60-65 miles per hour. The defendant’s driver flashed his lights signaling the need to pass which the plaintiff obliged to. The plaintiff swerved to avoid falling cases of beer but was struck.…
FACTS: Defendant, AAA North Jersey, Inc. (“AAA”), contracted with Five Star Auto Service (“Five Star”) to perform towing and auto repair services for AAA. Defendant Terence Pershad, a tow-truck driver employed by Five Star, received a call through AAA to assist a crashed car. Upon Pershad’s arrival at the crash site, Pershad and Plaintiff Nicholas Coker (a passenger of the crashed car) began fighting, which ended soon after Pershad assaulted Plaintiff with a knife. Plaintiff filed suit in a New Jersey state court against Pershad, Five Star, and AAA. The trial court determined that AAA held no responsibility for the alleged negligence of Five Star in hiring Pershad, and granted AAA summary judgement. Coker appealed the trial court’s ruling to the New Jersey Appellate Court.…
On a morning in early December 1993, plaintiff-appellant Paul Nadel was driving his son, plaintiff-appellant Christopher, and two younger daughters, Ashley and Brittany, to school.1 Paul's mother, plaintiff-appellant Evelyn Nadel, was seated next to the passenger window. Christopher was seated in the front seat between Evelyn and Paul, with one foot on the transmission hump and one foot on the passenger side of the hump. Brittany and Ashley were in the back seat. On the way, they ordered breakfast from the drive-through window of a Burger King restaurant owned and operated by defendant-appellee Emil, Inc. (“Emil”) under a franchise agreement with defendant-appellee Burger King Corporation (“BK”). Paul's order included several breakfast sandwiches and drinks and two cups of coffee. The cups of coffee were fitted with lids and served in a cardboard container designed to hold four cups, with the two cups placed on opposite diagonal corners. Emil's employee served the coffee through the car window to Paul, who passed it to Christopher, who handed it to Evelyn.…
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS JUSTIN WILLIAM KING, ) ) Plaintiff. ) ) ) v. ) ) ANHEUSER-BUSCH COMPANIES, INC. ) ) Defendant. ) ____________________________________) COMPLAINT Comes Now the plaintiff, Justin King, by and through his attorney, states as follows: PARTIES AND JURISDICTION 1. Plaintiff, for all times mentioned herein, was and is a resident of Cook County, State of Illinois. 2. Defendant is a corporation with its principal place of business in Missouri and carries on business in Illinois. 3. This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois and the defendant is a citizen of Missouri and the amount in controversy exceeds $75,000, exclusive of fees and costs. 4. Personal jurisdiction and venue are proper in this District pursuant to 28 U.S.C. § 1391 because the acts of defendant caused harm to plaintiff in Cook County, in United States Court for the Northern District of Illinois. COUNT I: ________ 5. On or about April 8, 2011, plaintiff Justin King, while in the exercise of due care, was operating his motorcycle on Interstate 57, heading in a south direction, in the City of Paxton, Illinois. 6. On the occasion in question, defendant, Frank Cuellar, a resident of Illinois, was operating a truck owned by Anheuser-Busch as its agent, and was traveling in a south direction on Interstate 57, so called, a public highway in the City of Paxton, Illinois. 7. On the occasion in question, plaintiff Justin King was traveling south on Interstate 57 in Paxton, IL on his motorcycle when he noticed a truck with Anheuser-Busch logo traveling behind him headed in the same direction. The plaintiff noticed Mr. Cuellar flashing his headlights requesting to pass the plaintiff and proceeded to switch lanes. Justin King then changed lanes to the right hand lane…
This court case took place in the United States Supreme Court in the Northern District of Indiana. The plaintiff in this court case is Deborah White, represented by Amanda Babbitt and Jackson Walsh. The defendants are Patrick Gibbs and O’Malley’s Tavern, represented by Benjamin Walton and Jordon Van Meter. Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendents. A summary judgment is granted only if all of the written evidence before the court clearly establishes that there are no disputed issues of material fact and that the party who requested the summary…
PROCEDURAL POSTURE: Plaintiffs, a child and his mother, grandmother, and father, challenged a judgment of the Hamilton County Court of Common Pleas (Ohio) which granted summary judgment to defendants, a restaurant franchisor and franchisee, in plaintiff's action in breach of warranty, products liability, and negligence for injuries plaintiff child received when a cup of defendants' coffee spilled in plaintiffs' vehicle.…
Ms Liebeck spilled her coffee on herself which caused her to get burned. She sustained 3rd degree burns because the coffee was brewed at a higher temperature than other restaurants. The case was ruled in favor of Ms. Liebeck. The jury declared McDonald’s negligent because their coffee was found to be 20 degrees hotter than it should have been. McDonald’s had received many complaints about their coffee being too hot and failed to do anything about it. So their actions were considered to be reckless because they did not warn their customers about the temperature of the…
For each legal issue the film provided a case or story in order for the viewer to better understand the situations at hand. The first case provided was the case of Stella Liebeck v. McDonald’s, the case of the hot coffee. Mrs. Liebeck’s family thoroughly and genuinely explain the case, differing in facts and tone from the media and tort reform…
Procedure: The jury first found for Mr. Faverty. Then Faverty filed suit against McDonald’s, and McDonald’s appealed.…
After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.…