Pearson and McDonald’s Lawsuit Analysis Samantha Penico University of Maryland University College, AMBA 610 Executive Summary There are two major lawsuits which the main populace has defined as frivolous. One of those cases is the McDonald’s split coffee case. This is the case where the plaintiff spilled her coffee and was rumored to sue McDonald’s for 2.7 million dollars and win. The other’s case is the Pearson dry cleaning case where a man sued Chung Dry Cleaner’s 54 million dollars for losing his pants. The plaintiff won in the McDonald’s Case and the Plaintiff lost in the Dry clearance’s case. In this paper we are going to dissect each case by the facts, the law, the issues, the ethical issues, the defendants preventative …show more content…
In the Pant’s Suit Pearson has no proof that Customer Cleaners lost his pants, it is all alleged. He could have forgotten them at his house or lost them himself, there is not any way to prove Custom Cleaner’s even lost his pants. But in the McDonald’s case it is easy to see the facts because they are all in statistics, in photographs, the facts are all in the evidence. One case is already losing it’s steam while another is gaining momentum, lets move on. What are the Issues? An issue is why a case is even occurring. One issue is burns from an overly hot cup of coffee. The other issue is emotional distress and financial loss due to a pair of missing pants. There may be isssues though that grow from these or are the issues really that simple? In the missing pants case, the issue is Judge Pearson’s pants were allegedly misplaced by Custom Cleaners. So how is it a pair of missing pants led to a suit battle that lasted over two years? There must have been other issues involved. First lets assess the facts we received, the pair of pants Custom Cleaners gave Mr. Pearson he claimed were not his, but they were his size and matched the alteration specification requested (Goldwasser, 2007). Other issues that grew from the case was the loss of business and harassment the Chung’s received due to Mr. Pearson’s harassment. Mr. Pearson would regularly go door to door in the neighborhood asking the
The plaintiff, Stella Liebeck, is represented as the “Individual Responsibility Narrative,” alluding to the fact that the spilling of the McDonald’s coffee was her doing, and therefore should be liable for the damages caused by the spill. Meanwhile McDonald’s, the defendant, narrative is named “Defective Products Liability.” In short, it takes a counteractive stance; though the initial cause was Ms.Liebeck’s fault, their faulty product and lack of warning makes them responsible for her injuries.
On June 12, 1994, the bodies of Nicole Brown Simpson and Ronald Goldman were found dead at her home in Brentwood, CA. Orenthal James Simpson, or O.J. Simpson was notified of their deaths and immediately taken into custody for questions. Upon the collection of various pieces of evidence from the crime scene, all avenues pointed to Simpson as the culprit for the double murder. The conclusion of Simpson criminal trial resulted in his acquittal. There were various reasons for this acquittal. The most prominent reasons include accusations of racism, evidence contamination, and the lack of faith in DNA profiling. This paper will discuss the issues that arose with the trial in depth and offer an explanation and solution to resolving issues
The definition of a lawsuit is a civil action brought in court in which a plaintiff demands another person, known as the defendant, pay this person equitable resolve (dictionary.com). In other words they want payment for being wronged in the past. If the case is found to be legitimate and proven justifiable, the defendant pays the plaintiff the awarded compensation. This brings us to the story, The Lawsuit, by Naguib Mahfouz. This tale is about a son being sued by his father’s widow demanding maintenance be paid to her some twenty years after the father’s death. Several of the individuals in this story serve very little purpose.
This lawsuit had impact on both the business world and the rules of the law. McDonald's was forced to reexamine its policy. McDonald's was aware of the risk and hazard, but undertook nothing to mitigate or reduce the risk of injury. The company knew about burn hazards and continued to serve coffee hot to save money and get away with cheaper grade coffee. After reexamining their policy, McDonald's has been serving coffee at a temperature low enough not to cause immediate third-degree burns. This
Jane Doe served the hot tea in a paper “hot cup”, which was placed in another slightly shorter and wider clear plastic cup. Jane Doe wedged the condiments (sugar and creamer) between the two cups. Jane Doe did not offer any assistance to the Plaintiff, and the other passengers were occupied with their own beverages, unable to assist the Plaintiff. The Plaintiff spilt extremely hot water in her groin and buttocks area as a result of this situation.
Due to a lack of evidence, the LAPD wrongly accused Simpson of murdering Brown and Goldman. The glove that was supposedly worn by the killer did not fit Simpson. CBS news team said, “The leather glove seemed too tight for Simpson to put on easily, especially over the latex gloves he wore underneath.”. The black leather glove had to fit Simpson for him to be guilty but it was way to tight and could not
The federal statute that has an extensive impact on state facilities and programs is Section 1983 of the Civil Rights Act of 1871. These 1983 law suits can have an enormous impact on the day to day operation of the state and local prisons and jails. These 1983 suits are civil actions and not criminal actions. This means the prisoners can file a civil law suit in a federal court and challenge the conditions in the state and local prisons. These law suits that were filed by inmates claim that the prison official deprived the inmates of their constitutional rights. The inmates argue that they were deprived of adequate medical care, protection against excessive force by other inmates and the correctional officers and the inmates wanted access to
Renee McDonald (“Plaintiff”) allegedly sustained personal injuries on October 8, 2015 while shopping at a store owned and operated by Costco (“Defendant”) in Brooklyn Park, Maryland. According to the plaintiff, while walking through the store, she tripped on mop water which caused her to fall to the ground and suffer “severe bodily injuries.” The Plaintiff claims that her fall was caused by the mop water. The mopped area had been secured with a yellow caution sign that warned customers of the wet floor. At the time of the Plaintiff’s fall, however, the sign had fallen down and was lying on the floor. Plaintiff alleges that the store did not have proper signage to warn of the hazardous condition.
Specific Purpose Statement: To persuade my audience that frivolous lawsuits are out of control in America
The movie, “Hot Coffee”, is a documentary film that was created by Susan Saladoff in 2011 that analyzes the impact of the tort reform on the United States judicial system. The title and the basis of the film is derived from the Liebeck v. McDonald’s restaurants lawsuit where Liebeck had burned herself after spilling hot coffee purchased from McDonald’s into her lap. The film features four different suits that may involve the tort reform. This film included many comments from politicians and celebrities about the case. There were also several myths and misconceptions on how Liebeck had spilled the coffee and how severe the burns were to her. One of the myths was that many people thought she was driving when she spilled the coffee on herself and that she suffered only minor burns, while in truth she suffered severe burns and needed surgery. This case is portrayed in the film as being used and misused to describe in conjunction with tort reform efforts. The film explained how corporations have spent millions of dollars deforming tort cases in order to promote tort reform. So in the film “Hot Coffee” it uses the case, Liebeck v. McDonalds, as an example of large corporations trying to promote the tort reform, in which has many advantages and disadvantages to the United States judicial system.
Just Recently at super kid schools little jimmy has been acused for the bologna on the ceiling crisis. Lately, in court the jurry has been unable to justify if it was jimmy or not. Just recently the court hired a new jurist in hopes for reaching an end for this case. At a recent court hearing they called jimmys mom to the stand. Jimmys mom swore on oath that she would not commit perjury. The judge asked what she has been packing in his lunch and she has been packing bologna sandwitches! Then, he asked if he had any special requests? Jimmys mom said yes, lately he has been requesting extra mustard. Then, they asked his friends and they said it was him! Soon after jimmy got a five hour detention and had to clean the bologna off the
This paper will consider the facts associated with the case of Stella Liebeck versus McDonald’s, resulting from Ms. Liebeck’s efforts to collect for damages sustained when she spilled extremely hot coffee into her lap in 1992. The issues, applicable laws and the conclusion the jury reached will also be covered as well as the subsequent impacts on American tort law following this decision.
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable
Lynn Hubbard is handicapped. She happens to also have her own law firm. In the past year, she sued more than 600 nearly irreproachable institutions for over two million dollars. Hubbard and her entourage of scheming lawyers have not done anything illegal. Some may argue that she has simply exercised her right to the legal system. In any case, Hubbard is part of the growing American society that has discovered large money in mass litigation. This rise in greedy and manipulative lawyers has provided Americans with a skewed financial interest in the American courtroom and has hindered the justice system as a whole. Congress must reexamine tort reform to provide Americans with a trustworthy and
I recall hearing about a case years ago when a lady sued McDonald’s over a spilled cup of coffee. I remember thinking to myself how lucky this lady must have been to win so much money over something that seemed frivolous to me. I felt as though she had won the lottery for something she not only could have prevented by using reasonable care, but also for something that happens often without a striking settlement of 2.9 million dollars. Without looking into the details then, I recently found out how misunderstood this story actually is.