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Nadel V. Burger King

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Submitted By amkhalil
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1. What court decided the case in the assignment? (2 points). Trial court made the decision 2. According to the case, what must a party establish to prevail on a motion for 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 not the cause of emotional distress. d. In Nadel et al v. Burger King Corp. & Emil Inc., the courts approved breach of warranty. 5. According to the case, why didn't the court approve summary judgment for...

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