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Business Needs and Wants

In: Business and Management

Submitted By dsmith06
Words 512
Pages 3
1. What must a party establish to prevail on a motion for summary judgement? (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 of the nonmoving party, that reasonable minds can come to but one conclusion and that conclusion is adverse to the nonmoving party. 2. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY Supreme Court 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) The plaintiff’s child was burned by coffee received at a restaurant, the coffee was placed in a holder that spilled causing a burn on the foot of one of the children. Nadel was driving his kids to school. His son Christopher was in the front seat next to him; Nadel's mother, Evelyn, was a passenger on the other side. They stopped at Burger King (BK) and received two cups of coffee fitted with lids and placed in a cardboard drink container, which was handed to Evelyn. Somehow, as Nadel drove away, the coffee got spilled on Christopher, who suffered second degree burns on his right foot. Nadel sued for breach of a warranty of merchantability, breach of a warranty of fitness for a particular purpose, the coffee was too hot (design defect), and there was a failure to warn. BK moved for summary judgment because Nadel admitted he knew the coffee was hot. Nadel replied that 175 degrees is known to be too hot to be safe. BK was granted summary judgment; Nadel appealed. 4. According to the case, why was the

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