Sedgwick Claims Management Service handles auto liability claims on behalf of Coca-Cola Refreshments USA, Inc. (Coca-Cola). We have concluded our investigation regarding the incident on 02/15/2016 occurring at or near 9 B Street, Needham Heights, MA 02494. We have determined that the Coca-Cola driver had control of the road way and you opened your car door into oncoming traffic. You have a duty to yield to any oncoming when opening your door into traffic. Your failure to do this contributed to this accident, and therefore we must respectfully deny your claim. Please understand that our obligation is to pay only those claims for which Coca-Cola and its employees are responsible. The state of Massachusetts allows three (3) years from
This reckless driving--113 m.p.h--was a surprise and frustration for the author because his son was reasonable, measured, and mostly repentant after the incident; his son’s only qualm was that he shouldn’t have been cited for reckless driving because he was incredibly focused and thoughtful about where and when he was speeding. This odd paradox was frustrating to the author because he simply couldn’t understand his son’s thinking.
Blair, M. Elizabeth, and Eva Hyatt. "College Students' Attributions of Responsibility For a Drunk Driving Accident." Advances in Consumer Research28, no. 1 (2001): 449.
The limo operator didn't exhibit evidence of being under the influence of alcohol or drugs at the accident scene, stated Spota. He further stated that chemical testing confirmed that he wasn't intoxicated when the accident occurred. Spota reports that U-turns at the site of the accident site aren't prohibited, but limo operators have been served summonses for the manner in which they are taking these turns. Spota reports that these drivers must "swing way out" and "many are virtually blocking the 2 westbound lanes as they turn
Indubitably, the company wronged the consumers and passengers by violating their rights to not be killed in a car fire and their right to minimal health
Lambert’s Café Inc. (“Lambert’s Café”) will be held liable and found negligent for damages sustained by Troy Tucker (“Ms. Tucker”) as a result of food thrown at plaintiff while visiting the establishment. In this case, it was substantiated that the plaintiff was injured by the roll thrown by Ms. Garrett, an employee of Lambert’s Café who was, at the time of injury, working on behalf of the restaurant. The issues to look to then are: Did Lambert’s Café owe Ms. Tucker a duty of reasonable care? If Lambert’s Café did owe plaintiff a duty of reasonable care, was it breached by the throwing of the roll that resulted in permanent injuries sustained by Ms. Tucker?
Mr. Adamson’s statements and admissions demonstrate that driver error or mechanical failure of the vehicle was a plausible cause of the accident and not the tire failure. Driver error or mechanical failure is at least an equally plausible explanation for the actions of Mr. Quinones in driving his vehicle at the time of the accident.
On September 22, Anaelle Surprise was driving home with two other passengers on Sunrise Highway in the middle of a rainstorm at 2 A.M. Around that time she veered off the road and crashed into a nearby tree. Thankfully she was driving in the outermost lane and did not implicate any other cars in the crash. She was intoxicated at the time of the crash with her blood alcohol content at 0.092, which is .00736 over 0.08 when you are legally unable to drive a vehicle. Paramedics arrived quickly to the scene and brought her and her passengers to Southside hospital. Luckily, the driver and her passengers did not sustain any injuries more serious than a mild concussion, scratches, and bruises. It is reported that the three were
Did Costco breach its duty of care to customer, Renee McDonald, by failing to adequately warn of water on the floor in an area which had been recently mopped, becoming liable for negligence in Defendant’s slip and fall injuries?
Recently, a driver was cited in Colorado Springs for careless driving after the woman’s truck went over the median, hit a fire hydrant, and landed on another woman’s car. Amazingly enough, the woman in the car not only survived but did not even need to go to the hospital. The woman driving the truck was transported to the hospital, but her injuries were not life-threatening.
There was insufficient evidence to demonstrate that Barnes did understand the label to constitute a representation in the form suggested. It was found that Glendale was negligent and in all circumstances, it was considered there was a duty on Glendale to include in the packaging a warning as to the consequences of using corrosive product with hot water in a confined space such as a drain. There was no specific defect with the caustic soda but the issue is whether it was defective within the meaning of Section 75AC. It was found by the court the label to be defective within the meaning of section 75AC.
Greenman v. Yuba Power Products (1963) 59 C2d 57, and Escola v. Coca-Cola Bottling Co., 24 Cal.2d 453, 150 P.2d 436 (1944) are Important cases in product liability law, establishing strict
Next, Mr. Morgan "then filed a formal complaint in the Second Judicial Circuit Court in New Mexico alleging that the coffee was defective because it was excessively, dangerously hot, and because adequate warnings were not provided regarding the risks of the coffee at that temperature" (Hartigan et al., 2014, p. 348). It is essential to recognize that "the claim was based on products liability law, specifically, the Uniform Commercial Code, alleging breach of warranties of fitness for a particular purpose and merchantability" (Hartigan et al., 2014, p. 349). "The complaint requested compensatory and punitive damages (on the grounds that McDonald's exhibited reckless indifference in selling the coffee)" (Hartigan et al., 2014, p. 349). Once Mr. Morgan set the date for the trial, he attempted to settle with McDonald's for $300,000, but the company refused the offer (Hartigan et al., 2014, p. 349). Shortly before the trial, the judge ordered that mediation be used in an attempt to resolve the case. "The mediator recommended a settlement of $225,000, McDonald's refused, and the case went to trial" (Hartigan et al., 2014, p.
The soft drink industry in the United States is a highly profitably, but competitive market. In 2000 alone, consumers on average drank 53 gallons of soft drinks per person a year. There are three major companies that hold the majority of sales in the carbonated soft drink industry in the United States. They are the Coca Cola Company with 44.1% market share, followed by The Pepsi-Cola Company with 31.4% market share, and Dr. Pepper/Seven Up, Inc. with 14.7% market share. Each company respectively has numerous brands that it sales. These top brands account for almost 73% of soft drink sales in the United States. Dr. Pepper/Seven Up, Inc. owns two of the top ten
It’s a dark rainy night. You and your family are coming home from a late night family party. As a car is coming through an intersection another car cut in front of it. The driver decides to hit the brakes so you can avoid the car, but as he presses the brakes, the car loses control on the slick wet road. He is not able to gain control and at that point he has endangered the lives of himself and many others on the road. This is just one example of the many types of things that occur in our streets everyday. All that would have been needed to avoid this situation would have been a traction control system in his car, which would have detected that the car was skidding and would have applied the brakes to
“A Coke is a Coke, and no amount of money can get you a better Coke than the one the bum on the corner is drinking. All the Cokes are the same, and all the Cokes are good. Liz Taylor knows it, the President knows it, the bum knows it, and you know it."(Andy Warhol, 1975) Regardless of its corporate reputation, the organizational performance and its social responsibility of Coca-Cola makes it loved around the world. Ever since its creation in 1886 Coca-Cola has been a household brand known globally for generations of families. I have to mention, of all the cases researched this is my least favorite not only because of my childhood love for the product because the ethical issues in one way or another always manage to resolve themselves not before further tainting the reputation Coke worked so hard to obtain. Most times, whether an organization is innocent of an unethical act, it becomes secondary to the suspicion of the original act. Almost as if the court of public opinion has the power to ruin the reputation of an organization based on an unfounded accusation. In spite of my loyalty after having ready the case, I do believe Coca-Cola to be flawed. The contamination scare in Belgium is a great example of a public relations nightmare. The slightest hint of impurity should have pushed Coca Cola into crisis management mode but they were slow to react, citing it a minor issue (Ferrell, Fraedrich, & Ferrell, (2011). It was not until local officials