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Liebeck v. mcdonald's restaurants summary
Liebeck v. mcdonald's restaurants summary
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The 1994 civil case of Stella Liebeck, a 79 year old woman from Albuquerque New Mexico, versus McDonald’s, a successful billion dollar corporation, is that of controversy and misunderstanding. In 1992, Stella and her grandson went through a McDonald’s drive through for breakfast. Stella got a cup of coffee in a styrofoam cup with her food. Her grandson pulled out from the drive through and stopped the car so Stella could put cream and sugar into her coffee. Because there was no cup holders in the car, Stella placed the coffee in between her legs and tried to pry the plastic lid off the cup. When removing the lid, the cup spilled all over her lap. The pants Liebeck was wearing soaked up the liquid, then began burning her skin. She got 3rd degree burns from the hot coffee within a matter of seconds. She ended up spending eight days in the hospital where she endured an expensive and painful treatment. Stella Liebeck, the plaintiff of the case, claimed McDonald’s, the defendant, held their coffee at too high of a temperature, 180 to 190 degrees, which could cause 3rd degree burns …show more content…
To heal these burns she braved skin grafting and debridement operations. She was mutilated and disabled for two years after the spill. Fortunately Stella recovered, but she still had to live with the discomfort from the burns. Her injuries caused “physical pain, mental pain and anguish, and loss of life’s enjoyment during the pendency of treatment”. The burns ended up costing a pretty penny, about $10,500 for treatment, and to fully recover she spent another $2,500, totaling $12,500. On top of that Stella lost a year's worth of work, amounting to $5,000 of lost income. (I did a bit of calculations, this case began in 1992. If inflation is considered, the medical total of $12,500 today would be the equivalent to about $21,000 according to the Bureau of Labor
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
According to the court case on Pam Huber v. Wal-Mart Stores, Inc., I am in agreement with the fact that the “district court granted summary judgment in favor of Huber” (Morgan, p.413) and that Wal-Mart gave Pam Huber, a maintenance associated job due to her disability. In doing so, I am also in agreement with the fact that Wal-Mart did not breach the American with Disability Act of 1990 due to the fact that Wal-Mart specifically stated what was required of Pam Huber to do on the job. Due to that, I am in agreement with Wal-Mart’s decision to hire a capable candidate in replace of Pam Huber due to their policy.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
In Reyes v. Missouri Pac. R. CO., the appellant, Joel Reyes, sought rehabilitation from the defendant, Missouri Pacific Railroad Company, after being run over by one of the defendants trains while lying on the tracks. The appellant claims the defendant was negligent due to its inability to see the plaintiff in time to stop the train. The defendant refutes the plaintiffs claim by blaming the plaintiff for contributory negligence because the plaintiff was believed to be drunk on the night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,
The Triangle Shirtwaist Factory fire most of all impacted all forms of industry, and changed the way workers worked. Along with the legislations that impacted women and children, laws also centered on the safety and well being of all workers. One of the main reforms and changes came through the formation of the New York Factory Investigating Commission, or the FIC: a legislative body that investigated the manufacturers for various infractions. They were based on protecting the workers: both their rights and their lives. The FIC investigated countless factories and “enacted eight laws covering fire safety, factory inspections and sanitation.” The FIC was highly focused on the health and safety of industrial workers, making reports and legislation that focused on “fire safety, building construction, machine guarding, heating, lighting, ventilation, and other topics” and on specific industries like “chemicals, lead trades, metal trades, printing shops, sweatshops and mercantile establishments.” Thirteen out of seventeen of the bills submitted by the FIC became laws, and “included measures requiring better fire safety efforts, more adequate factory ventilation, improved sanitation and machine guarding, safe operation of elevators” and other legislations focused for specific establishments.” Fire safety and new fire codes such as “mandate emergency exits, sprinkler systems, and maximum-occupancy laws,” such as the Fire Prevention Act of 1911, were put into place to limit the likelihood that another fire like the one at Triangle would occur, or be as drastic and deathly. Other organizations like the Joint Board of Sanitary Control “set and maintain standards of sanitation in the workplace,” as well as actually enforcing these stand...
Case Name: Dyer v. National By-Products, Inc., Supreme Court of Iowa, 1986., 380 N.W.2d 732
How was McDonald’s supposed to know that Stella would spill the coffee on herself? Coffee is meant to be served hot, just as blades are meant to be sharp. Stella suing for being burned by coffee is the same principal as a person suing a knife company after being cut by one of their products. The world is a dangerous place; many things around us have the capability to cause damage. Corporations should not be held responsible for any damage sustained after using their product improperly. McDonald’s could not have prevented Stella spilling the coffee on herself.
In the 1970s, engineers found contaminants in the local wells: Well H and Well G. They found suspected carcinogens including trichloroethylene (TCE) known to cause cancer. Families gathered after the Anderson family noticed the recurring events of a rare disease in a small town. Although Woburn had a history of industrial activity, the two major companies that contributed to the contaminants were W.R. Grace Co. and Beatrice Foods. The families sought help and went to a Boston lawyer, Joe Mulligan, and signed his firm. No one picked up the case due to not enough evidence, but Jan Schlictmann, who was a newcomer, picked up the Woburn case. Although advised to neglect it, he still looked into it. He joined with a non-profit firm who were seeking an environmental case like Woburn’s. They quickly filed a complaint against the two major companies.
When a collection of people with common ideals and values congregate into a group for the means of political gain, they become a much greater presence than if they remained individuals. Whether through singular interest groups or through national political parties, they acquire the power to influence change in the political system, determined to see their viewpoints prevail. This practice was apparent at the time of McDonald v. Chicago. In the time period before the McDonald v. Chicago ruling, numerous people, either through interest groups or political parties, sought the influence the court’s decision and ensure that their viewpoints towards the matter of firearms predominated in the court of law.
The analysis of the Kellogg’s case is presented in this chapter and will contribute to answer the research question. The case are evaluated and compared to the literature presented in the previous chapters and will support the conclusion of this paper.
The duties of a police officer are to ensure that there is maintenance of public peace and order. In order to perform their duties and obligations they require certain powers, authority in order to perform their duties and this extends the power to arrest. This paper focuses on the decision of the court in DPP v Carr, the amendments on Law Enforcement (Powers and Responsibilities) Act (LEPRA) section 99 and a critical evaluation of statements made by Sentas and Cowdery.
The purpose of this case report is to identify the legal and ethical issues in the Martha Stewart case study. I will discuss these issues, compare Ms. Stewart’s actions against the ethical theories, draw conclusions to the lessons learned, and make recommendations to limit future outcomes.
Noel, Dix. “Defective Products: Abnormal Use, Contributory Negligence and Assumption of Risk” Vanderbilt Law Review. New York: Bedford/St. Martin’s, 2002. 313-23. Print.
McDonald's is the world’s leading food service retailer with more than 30,000 local restaurants in 121 countries serving 45 million customers each day.