Hw Week3 Lgl, Poli, Ethical Dimns Of Busn

755 words - 4 pages

1. The court that decided the case Nadel vs. Burger King was The Court of Appeals of Ohio, First District, Hamilton County.

2. Summary judgment is a way to avoid unnecessary trial, and a party must establish two things. First there should be no genuine issue of material facts, and second the party who makes the motion must be entitled to judgment as a matter of law, and that it can be noted from the evidence that when viewed from a perspective that is strongly in favor of the nonmoving party that it can reasonably come to one conclusion which is adverse to the nonmoving party. The summary judgment was granted because the injuries were a result of causes attributable to Paul and ...view middle of the document...

It is also to be noted that it was not burger king that spilled the coffee or had any action in this incident.

5. The court approved a punitive damages tort, the Nadel’s proved that they were entitled to compensatory damages due to either a design defect or for lack of warning about the coffee being so hot.

6. There were two product liability claims that were made, the design defect that the coffee was excessively hot and failure to warn of the dangers with handling hot coffee. The design-defect claim in Ohio is such that a design is defective if a foreseeable risk with the product exceeds the benefits, and that it is more dangerous than would be expected for a consumer. This was supported as Nadel found the coffee to be served at 175 degrees. This changes the idea from Nadel expecting the coffee to be hot, to a question of just how hot the coffee is expected to be, and that this was unreasonably and excessively hot. In addition to being excessively hot, there was no warning about the temperature of the coffee and the dangers of handling such a hot liquid. This...

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