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 of negligent infliction of emotional distress, and what tort did the court approve? (5 points)
“a reasonable person, normally constituted, would be unable to cope adequately with the mental distress engendered by the circumstances of the case. Therefore, the trial court properly granted summary judgment with respect to this claim”.
They did not show that they were in fact in emotional distress, due to the statements that they had made in court.
IX. Conclusion
5. According to the case, why didn't the court approve summary judgment for product liability claims? (5 points) “the summary judgment and remand the cause for further proceedings consistent with this opinion on those claims”. They did not see any relation to there claims as far as warrties of merchantability and fitness for a particular purpose.
6. Do you agree with this decision? Why or why not? (5 points)
Yes after breaking this case down like this it makes sense, you always wonder if the parents planned this, but no warning labels the coffee is super-hot. I also did not see emotional distress, but a big doctor bill for 2nd degree burns.
Now, in the library, click the “Shepardize” button in the top right of the LexisNexis page while on the case. This provides you with all of the cases which have used Nadel et al. v. Burger King Corp. & Emil, Inc. case as “precedent” since its publication. Out of the cases listed, pick one, click the link, read the case, and provide the following information:
A. the name and citation of the case (5 points);
B. TRACIE GESSMAN, Plaintiff, vs. SUPERAMERICA GROUP, INC., and JOHN DOE(S), Defendants.
Case No. C-3-97-89
C. the name of the court which decided the case (3 points);
D. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION
1998 U.S. Dist. LEXIS 22940
E. the year of the decision (2 points);
May 27, 1998 Decided
F. the facts of the case (5 points);
1. The coffee was excessively hot
2. Failed to warn customers
3. Defective coffee cup
4. Coffee melted the cup
G. the issue of the case (5 points);
“Plaintiff, a customer that was burned after spilling hot coffee contained in an allegedly weak Styrofoam coffee cup”
H. the “decision” of the case (5 points);
“The court overruled the vendor's motion for summary judgment and dismissed the claims against the John Doe defendant”
I. the principle of law the case was used (cited) for in the case (5 points);
Negligence and/or Recklessness in Serving Excessively Hot Coffee
J. following the directions in the library, download a Word document copy of the case, and include your name in the “note” section of the download. Attach a copy of the document with your assignment this week. (10 points) (Your name must be in the automatically populated “note” area for full points for this.).
