Assignment 2 Essay

840 WordsDec 9, 20144 Pages
Christina Freeman 1. What court decided the case in the assignment? (2 points) Court of Appeals of Ohio, First District, Hamilton County. 2. According to the case, 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. 3. Briefly state the facts of this case, using the information found in the case in…show more content…
Thus, serious emotional distress may be found where a reasonable person, normally constituted, would be unable to cope adequately with the mental distress engendered by the circumstances of the case. 5. According to the case, why didn't the court approve summary judgment for product liability claims? (5 points) The court didn’t approve summary judgment for product liability claims because the Nadel’s failed to show that a reasonable consumer would agree with them that coffee brewed at 175 degrees was excessively hot. They also failed to produce any evidence that the coffee was actually hotter than they expected other than Christopher receiving the second-degree burns. The articles they provided were not true evidence because documents that do not have an affidavit have no value as evidence. 6. Do you agree with this decision? Why or why not? (5 points) I disagree with this decision because Christopher suffered second-degree burns which is more than enough evidence to show that the coffee was too ho. No warning was given to the family by the employee, and Burger King lacked to have the manufacturer of their coffee cups place a warning on the cups. A lot of cases like this have occurred before, and now it is a requirement for the warning to be placed on containers. Some may argue that you know to proceed with caution when handling hot objects, and that Evelyn should not have placed the cup holder on the floor or the dashboard which would have

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