homework 3 Essay Example
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 must a party establish to prevail on a motion for summary judgment? (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. Civ.R. 56(C)
What court decided the case in the assignment? (2 points)
Supreme Court of Ohio is the court that decided this case.
2. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points)
The facts of this case: On the morning of 1993, the plaintiff’s dad was driving him and his two sisters to school. The plaintiff was sitting in the front of the car with the mom and dad. They all stopped at a Burger King drive through to get breakfast and ordered two coffees. The mom started drinking one ad found that it was too hot and said the lid of the coffee “jiggled off” and burnt her right leg. She then put the coffee down not remembering exactly where she put it next to her son. While the dad was driving away, the son started screaming as the coffee had spilled on his right foot. He then was treated for second-degree burns for his right foot. The Nadel’s claim that because the coffee was too hot to consume it’s a breach of warranty of merchantability and warranty of fitness for a particular purpose. They feel that the product was defective and there were no
1. What must a party establish to prevail on a motion for summary judgment? (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. Civ.R. 56(C)
What court decided the case in the assignment? (2 points)
Supreme Court of Ohio is the court that decided this case.
2. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points)
The facts of this case: On the morning of 1993, the plaintiff’s dad was driving him and his two sisters to school. The plaintiff was sitting in the front of the car with the mom and dad. They all stopped at a Burger King drive through to get breakfast and ordered two coffees. The mom started drinking one ad found that it was too hot and said the lid of the coffee “jiggled off” and burnt her right leg. She then put the coffee down not remembering exactly where she put it next to her son. While the dad was driving away, the son started screaming as the coffee had spilled on his right foot. He then was treated for second-degree burns for his right foot. The Nadel’s claim that because the coffee was too hot to consume it’s a breach of warranty of merchantability and warranty of fitness for a particular purpose. They feel that the product was defective and there were no