...summary judgment? (3 points) a. In the case of Nadel et at v. Burger King Corp. & Emil Inc., “the trial court granted the motions of both defendants for summary judgment”. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) b. The facts of this case are that Christopher Nadel suffered from second degree burns to his right foot after being burned by hot coffee ordered from a Burkger King drive-thru. Christopher was seated in middle front seat between his father, Paul and Grandmother, Evelyn. Evelyn received a burn to her right leg when tasting her coffee and it was too hot. Christopher’s second degree burns resulted when Evelyn was placing her coffee down and Paul pulled into the street. On behalf of Christopher, the Nadels sued the owner of Burger King for product liability and failure to display hot warning labels. The owner of Burger King and Burger King Corp. moved for summary judgment which the trial court granted. Burger King stated they were immune to product liability because they aren’t the manufacturer, seller, or supplier of the faulty cups. 4. According to the case, why was this not a case of negligent infliction of emotional distress, and what tort did the court approve? (5 points) c. This is not a negligent infliction of emotional distress case because Burger King (1) did not burn the Nadels intentionally or recklessly. (2) Burger King’s conduct was not outrageous and the conduct was...
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...Carmelita Cain MGMT 520 Week 3 Assignment Nadel et al. v. Burger King Corp. & Emil, Inc. case 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) Emil moved for summary judgment, claiming that no genuine issue of material fact existed. BK also moved for summary judgment and pointed to evidence in the depositions that appellants knew the coffee was hot and that coffee was purchased and served as a hot beverage. It also contended under the circumstances that Evelyn's and Paul's actions were intervening, superseding causes precluding any actionable negligence on its part. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Christopher Nadel received second degree burns from coffee spilling on his right foot purchased at Burger King by his grandmother Evelyn Nadel. The Nadel’s brought suit against Burger King and franchise owner Emil, Inc, for product liability for a defectively designed product and for failure to warn of the dangers of handling a liquid served as hot as their coffee. The court granted both the Burger King owner and Burger King Corporation request for motion of summary of judgments. The Nadel’s appealed. The court affirmed in part and reversed in part. The summary judgment was wrongly granted on...
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...authorized administrator of LAW eCommons. For more information, please contact cklink@luc.edu. CASE NOTES Courts split as to whether consumers injured by hot coffee can seek recovery by Zachary Rami Common sense, coffee and consumers clashed recently in McMahon v. Bunn-O-Matic,l wherein the Seventh Circuit Court of Appeals held that a coffee maker manufacturer did not have a duty to warn consumers that its coffee would be served at 180 degrees, and that the coffee maker was not defectively designed. The decision, which affirmed a lower court's entry of summary judgment in favor of the coffee maker manufacturer, is consistent with a majority of courts, which have held in recent years that such claims leave no issue of material fact for trial.' However, not every jurisdiction has routinely dismissed these "coffee" cases. In fact, McMahon referred to Nadel v. Burger King,3 which held that a products liability claim for excessively hot coffee was appropriate for a jury to decide. This Note will discuss the facts and procedural history of McMahon, as well as the Seventh Circuit's ruling on the duty to warn and defectiveness of the product's design. This note will next examine the Ohio Court of Appeals' contrasting decision in Nadel. This comparison will...
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...your assignment has been graded. Your assignment is due by Sunday, end of Week 3, 11:59 p.m. (MT). (Note: You will not submit anything to the Homework CASE Dropbox. Questions 1-6: Week 3 Homework answers (there are 6 questions total). While viewing the Nadel v. Burger King & Emil case answer the following questions: 1. What court decided the case in the assignment? (2 points) Answer: Court of Appeals Ohio, First District, Hamilton County 2. What must a party establish to prevail on a motion for summary judgment? (3 points) Answer: 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 tone conclusion and that conclusion is adverse to the non-moving party. The movant in this case would be the Nadel family. Nadel v. Burger King Corp., 1997 WL 266762 (Ct. App, 1st Dist., Ohio) 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) Answer: The Christopher Nadel, the child was suffered severe burns by the hot coffee; spilled coffee is a forseeable 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...
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...Assignment: For this assignment, you will need to access the LexisNexis database in the Keller Library, from the Student Resources area under Course Home. 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 court decided the case in the assignment? (2 points) Court of Appeals of Ohio, First District, Hamilton County. 119 Ohio App.3d 578 (1997) 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) In order for a party to establish or prevail for a motion for summary judgment. They need to have sworn, certified, authenticated by affidavit. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) 1. Paul Nadel and Evelyn Nadel ordered coffee and breakfast on the morning of December 1993 2. Paul Nadel turned left spilling hot coffee on his sons foot that caused 2nd degree burns. 3. Burger King manual read that the coffee was to be served at One hundred seventy-five degrees. 4. Medical records were true copies of what was received through discovery. 5. No warning label on the coffee container. 4. According to the case, why was this not a case...
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...For this assignment, you will need to access the LexisNexis database in the Keller Library, from the Student Resources area under Course Home. 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 court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Plaintiff child was burned by spilled restaurant coffee. Plaintiffs, the child and his mother, grandmother, and father, filed an action in breach of warranty, products liability, and negligence against defendants, the restaurant franchisor and franchisee. The trial court granted the motions of both defendants for summary judgment. Plaintiffs appealed. The court affirmed in part and reversed in part. The spilled coffee was not so unforeseeable as to constitute an intervening cause. Summary judgment was proper for the breach of warranty claims because they were pre-empted by the Ohio Products Liability Law....
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...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...
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...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...
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...Week 3 Assignment – Nadel et al. v. Burger King Corp & Emil, Inc. case Question #1 – What court decided the case in the assignment? The judgment was granted to the defendants for breach of warranty, negligent infliction of emotion, and premises liability. Later the judgment on product liability was reversed because of punitive damages because of the difficulty to prove that the coffee was defective and that the coffee was the reason that the child suffered burns. Question #2 – According to the case, what must a party establish to prevail on a motion for summary judgment? Questions #3 – Briefly state the facts of this case, using the information found in the case in LexisNexis. A child was burned A breach of warranty did not occur The spilled coffee was unforeseeable An adequate warning did not exist in regard to the coffee’s temperature Unable to determine if the coffee’s temperature was served too hot Unable to apply negligence resulting in emotional damage Question #4 – According to the case, why was this not a case of negligent infliction of emotional distress, and what tort did the court approve? According to the case, this was not a case of negligent infliction of emotional distress because the coffee was not actually spilled on the child by Burger King itself and the company did not take part in how the coffee was spilled on the child. The tort that was approved by the court was punitive damages. Punitive damages were approved because...
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...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...
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...NOTE: Stacy Sullivan Download Request: Current Document: 1 Time Of Request: Saturday, May 24, 2014 19:09:31 EST Send To: NEXIS, 146BTS DEVRY UNIVERSITY 3005 HIGHLAND PKWY DOWNERS GROVE, IL 60515-5799 Source: OH Courts of Appeals Cases from 1913 Project ID: FOCUS - 1 of 1 DOCUMENT REBECCA KOOP, Plaintiff-Appellant, - vs - SPEEDWAY SUPERAMERICA, LLC, et al., Defendants-Appellees. CASE NO. CA2008-09-110 COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY 2009-Ohio-1734; 2009 Ohio App. LEXIS 1469 April 13, 2009, Decided PRIOR HISTORY: [**1] CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537. CASE SUMMARY: PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed. OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity...
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...MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-entire-course-legal-political-ethical-dimension-of-business-keller/ Or Visit www.hwcampus.com MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller MGMT 520 Discussions ALL 7 Weeks Posted by All Students 483 Pages Keller MGMT 520 National and International Ethics-Patent Week 1 Discussions 1 All Students Posts 41 Pages Keller Class in this thread we will seek to address essentially corporate citizenship. In other words, when the necessity from help arrives and your organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators…. MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. ...
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...MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-entire-course-legal-political-ethical-dimension-of-business-keller/ Or Visit www.hwcampus.com MGMT 520 Entire Course Legal Political Ethical Dimension of Business Keller MGMT 520 Discussions ALL 7 Weeks Posted by All Students 483 Pages Keller MGMT 520 National and International Ethics-Patent Week 1 Discussions 1 All Students Posts 41 Pages Keller Class in this thread we will seek to address essentially corporate citizenship. In other words, when the necessity from help arrives and your organization is the only organization that has what can deliver the society in which you operate in from peril, what do you do? In your discussion of the Bayer problem you will find yourself balancing and wondering, how do you overcome some of the barriers of doing the right thing from the corporate perspective? In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was sent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and U.S. senators…. MGMT 520 Disbarment of Lawyers Week 1 Discussions 2 All Students Posts 35 Pages Keller Class I want to introduce to some “Wolves of Wall Street” who handled business in a Bernie Madoff type fashion, the Ponzi scheme way. Allow me to introduce you to former attorney, Marc Dreier. ...
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...Social Change and Modernity Edited By Hans Haferkamp and Neil J. Smelser UNIVERSITY OF CALIFORNIA PRESS Berkeley Los Angeles Oxford © 1992 The Regents of the University of California INTRODUCTION Hans Haferkamp and Neil J. Smelser Haferkamp is grateful to Angelika Schade for her fruitful comments and her helpful assistance in editing this volume and to Geoff Hunter for translating the first German version of parts of the Introduction; Smelser has profited from the research assistance and critical analyses given by Joppke. 1. Social Change and Modernity Those who organized the conference on which this volume is based—including the editors— decided to use the terms "social change" and "modernity" as the organizing concepts for this project. Because these terms enjoy wide usage in contemporary sociology and are general and inclusive, they seem preferable to more specific terms such as "evolution" "progress," "differentiation," or even "development," many of which evoke more specific mechanisms, processes, and directions of change. Likewise, we have excluded historically specific terms such as "late capitalism" and "industrial society" even though these concepts figure prominently in many of the contributions to this volume. The conference strategy called for a general statement of a metaframework for the study of social change within which a variety of more specific theories could be identified. 2. Theories of Social Change Change is such an evident feature of...
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...antibiotics. The mnemonics and cartoons in this book do not intend disrespect for any particular patient population or racial or ethnic group but are solely presented as memory devices to assist in the learning of a complex and important medical subject. We welcome suggestions for future editions. 1) Write in a conversational style for rapid assimilation. 2) Include numerous figures serving as "visual memory tools" and summary charts at the end of each chapter. These can be used for "cram sessions" after the concepts have been studied in the text. 3) Concentrate more on clinical and infectious disease issues that are both interesting and vital to the actual practice of medicine. MARK GLADWIN, MD BILL TRATTLER, MD D CONTENTS Preface v PART 1 1 2 3 BACTERIAL TAXONOMY CELL STRUCTURES, VIRULENCE FACTORS, and TOXINS...
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