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Coca cola case introduction
Coca cola case introduction
Coca cola case introduction
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Parties: Linda Hagan, Sarah Parker- Plaintiff and Appellants Coca-Cola Bottling Company- Defendant and Appellee Procedural History: Hagan and Parker brought up a negligence action lawsuit against Coca-Cola after drinking a bottle of coke, which they believed had a condom inside and led to emotional distress. In trial court, the jury awarded the plaintiffs with $75,000, which trial court reduced to $25,000 each. Both of the parties then appealed the decision to the Fifth District Court of Appeal in Florida. Facts: The plaintiffs drank a bottle of coke, which they agreed tasted flat. There was a sort of “oozy” substance floating inside the bottle, which they believed was a condom. In their distress the plaintiffs went to a medical center were
Holdings Although, many states had abolished the “impact rule,” Florida still follows to the rule. However, the court concluded that there was an impact and that the impact rule does not preclude the claim. Moreover, the court rephrased the certified question to whether the impact rule bars the claim for damages for emotional distress caused by the consumption of a foreign substance in a beverage product where the plaintiff suffers no accompanying physical injuries.
This case is about Scott Randolph, who’s home was searched without a warrant. Due to this “corrupted” search, police ended up finding cocaine in his home. As a matter of fact both Randolph and his wife Janet Randolph were present during the search, it’s stated that Randolph’s wife gave permission to search the house. However Randolph denied to give that consistent, but police believed that the wife’s permission was all they needed. After the encounter with the drugs, Randolph was arrested for drug possession. This case was taken to trail and both the appellate court and Georgie Supreme court believed that the search of Randolph's home was unconstitutional.
Today in criminal convictions, it is prevalent and necessary that there is evidence collected in order to hopefully find and put away the people who committed the crimes. Serology is an important factor that allows this to occur. Serology is the study and identification of bodily fluids such as blood salvia and semen in order to proceed in criminal investigations and legal processes. Blood, saliva, and semen can be readily found in sexual assault and homicide cases. In the case of Dennis Maher, serology is something that should have been considered in order to make a conviction. Instead, none of the evidence that was collected was tested to exclude him, and he was put away in jail based on eyewitness identifications. The crimes that occurred in 1983 ended with Dennis Maher, a solider for the United States, being charged and convicted for rape, assault with intent to rape, assault & battery, and aggravated rape in the year of 1984 based on Eyewitness testimony (NEIP, 2011).
Even though the prosecution presented evidence to the court, the only clear-cut hard fact the prosecution had against Anthony was that she failed to file a report for her missing daughter Caylee and that when she finally did a month after her daughter had gone missing, she proceeded to lie profusely to the authorities on the events that took place. The prosecution focused highly on the forensic evidence of decay located in the trunk of Casey Anthony’s car. The use of a cadaver dog to search the vehicle led investigators to be able to determine that a decomposing body had been stored in the trunk of the car. The forensics department used an air sampling procedure on the trunk of Casey Anthony’s car, also indicating that human decomposition and traces of chloroform were in-fact present. Multiple witnesses described what they considered to be an overwhelming odor that came from inside the trunk as it where the prosecution believes Caylee’s decomposing body was stowed. Several items of evidence were ruled out to be the source of the odor, as experts were able to rule out the garbage bag and two chlorine containers located in the trunk as the source. The prosecution alleged that Casey Anthony used chloroform to subdue her daughter and then used duct-tape to seal the nose and mouth of Caylee shut, inevitably causing her to suffocate. Based off the
Nurse finders later assigned Drummond to work at a Kaiser facility as a medical assistant. The Plaintiff Sara Montegue was a medical assistant at Kaiser. Drummond and Montague had a disagreement, Montague didn’t think it was much of a big argument to report it. Both Drummond and Montague had a discussion about misplaced lab slips where Drummond raised her voice. A few weeks after the discussion, Montague left her water bottle at work. Montague later drank from her water bottle and her tongue and throat started to burn and she vomited. Drummond admitted that she had poured carbolic acid found in a Kaiser examination room into Montague’s water
...who violated Randy’s rights. With such little evidence from the Plaintiff, and the fact that Caruso is not a medical professional, she was not involved in the making of policies and procedures relating to medical matters. Therefore, Caruso did not act with deliberate indifference and was entitled summary judgment, because Plaintiff Parsons failed to provide sufficient evidence on Caruso.
Facts: On September 8, 2009, while 73 year old plaintiff Sandra Primrose was shopping in a Wal-Mart, tripped over a watermelon display and fell, causing her to sustain a concussion and other serious injuries. After grabbing a watermelon from the display Ms. Primrose tripped over one of the corners while returning back to her shopping cart. On the same day after her incident Ms. Primrose filed a suit for damages against Wal-Mart claiming that it was the store owner’s negligence that led to her accident. On October 15, Wal-Mart filed a motion for summary judgment which was granted under La. Rev. Stat. Ann. § 9:2800.6 stating that there was a very small chance
The U.S. Supreme Court Graham v. Connor was about a man named Mr. Graham, who was a diabetic. He felt like he was about to have a diabetic attack because his blood sugar was too low. Mr. Graham decided to contact his friend Berry over the phone to ask if he could drive him to the convenience store to buy some orange juice. He felt that if he drank some orange juice that it would mitigate the reaction. Subsequently, Graham and Berry came into view of the convenience store, and Graham hastily got out of the car. Sadly there was a long queue in the checkout line. Graham worried that he would get worse and since he couldn’t wait that long, he decided to go back to the car. He told Berry to take him to another acquaintance’s home to see if he could get some orange juice to ease the insulin. Waiting casually outside of the convenient store was Officer Conner. Conner had observed Graham go in and out of the store and sensed that something was not quite right. The...
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
The children had incurred numerous needles and painful hospital admissions, investigations, and procedures because of a false story and factitious signs...the falsification was not by the patient themselves but by another person "acting on their behalf" which is a proxy (502).
Norris, J. A., Garinger, G., & Kurtz, N. C. (1978). Selected recent court decisions. American Journal of Law & Medicine, 5(1), 1-2.
...awarded by a jury, this motion was denied by the judge. In the end Arnold & Porter lowered their desired settlement from $21 million to $15 million, Pittston offered $13 million. The two parties reach a settlement for $13.5 million, $8 million of which was for psychic-impairment.
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
Before the jury decides a verdict, the last step in the trial process is the closing arguments. There were no closing arguments because the parties had to settle on nine million dollars. They did this because the plaintiff’s attorneys went bankrupt due to this case and they couldn’t afford to invest any more money into the case. Beatrice Foods ended up being not liable for the deaths of children so they were allowed to leave the case. Due to this, only W.R. Grace had to settle with the plaintiff. Later on in 1988, Jan Schlichtmann brought this case to the EPA’s attention and the EPA decided to bring lawsuits against the companies. W.R. Grace and Beatrice Foods ended up having to pay for their huge mistake. They had to pay for the largest chemical cleanup in the Northeastern which cost sixty- four million dollars.
The Coca-Cola Company is the largest non-alcoholic beverage company in the world who owns, sells and distributes more than 600 different non-alcoholic beverages in 200 countries and more. “The amount of product Coca-Cola sells equates to 1.9 billion or 3.2% of the total amount of non-alcoholic beverages served worldwide” (Jurevicius, 2017). Additionally, they have a large/dominant market share, enormous brand recognition and a huge advantage in the number of consumers they can reach. Not to mention the Coca-Cola Company also owns other reputable brands such as Sprite, Fanta, Minute Maid and even Powerade to name a few that combine to earn the company, approximately, an additional $1 billion dollars annually. Because Coca-Cola are a huge presence in this industry, the company has the ability to beat out its competitors by underpricing some of its items and can exercise market power over its suppliers. Like Coca-Cola, Snapple has a strong foothold in their diverse brands they offer as well.