Essay on Tort Reform

3029 Words Apr 27th, 2011 13 Pages
Tort Law and Cases:
A Comparison of Two Cases and Their Potential Frivolity8/22/2010

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Introduction
“A tort is a civil wrong resulting in injury to a person or property”; that is brought before a court to compensate the injured party (Bagley & Savage, 2010, pg 251). In order to prove an intentional tort, the following conditions must be met: 1) Intent 2) Voluntary act by the defendant 3) Causation 4) Injury or Harm.
The following tort cases, Pearson v. Chung and Liebeck v. McDonalds, have been a pinnacle “poster child” for tort reform in the United States. In 2002, frivolous lawsuits cost taxpayers over $233 billion (Insideprison.com, 2006). What is considered a frivolous lawsuit? It is when an attorney
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(Manning-Sossamon.com, 2009)
Originally, Mr. Pearson sued Custom Cleaners for the loss of his pants, alleging claims of common law fraud and that they violated the CPPA by displaying signs that read “Satisfaction Guaranteed”, “All Work Done on Premises” and “Same Day Service”. The amount Mr. Pearson was seeking for relief was $67 million dollars, since that is what it would take for the Chungs to satisfy his claim (Pearson 2). It was Mr. Pearson’s belief, that there is an unconditional warranty that Custom Cleaners now must provide since they have the “Satisfaction Guaranteed” sign hanging in there store. (Pearson 4). In the pretrial discovery, the court confirmed that all work was done on premises, and the judge granted summary judgment to the defendants on the portion of fraud. Mr. Pearson amended his lawsuit and stated that he is “not suing for lost pants”, but only regarding the “Satisfaction Guaranteed” sign. (Pearson 4). Mr. Pearson insists that the “Satisfaction Guaranteed” sign is unconditional and limitless (Pearson 7). In addition, the claim tickets that are printed have limitations on the back which further limit the unlimited guarantee that is provided by the signs hanging in the store, which is a violation of the FTC regulations regarding “Satisfaction Guaranteed” (Pearson 20). The court, however, ruled that the “Satisfaction Guaranteed” means how a

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