I INTRODUCTION Webster V. Blue Ship Tea room is a case that brings up the interesting topic of product liability. The plaintiff, Priscilla D. Webster sues Blue Ship Tea Room. She claims damages under breach of implied warranty of food for injuries sustained while consuming a bowl of chowder at the defendant’s restaurant. She feels that a breach of implied warranty of merchantability has occurred under the Uniform Commercial Code . The Supreme Court of Massachusetts, Suffolk had to analyse New England Fish recipes before they could pass a judgement favouring the defendant. 3 II FACTS On the 25th of April, 1959, the plaintiff Priscilla D. Webster, her sister and her aunt were seated at the defendant’s restaurant in Boston on the third floor of an old building on T wharf overlooking the ocean. The plaintiff previously had her breakfast at about 9 A.M and was feeling perfectly fine without any complaints of sickness. The plaintiff, a native New Englander entered the defendant’s restaurant at around 1 P.M to have her lunch with her companions. She had ordered a cup of Clam chowder and Crab meat salad. A while later, she was told that the restaurant was out of Clam chowder. On hearing this, she opted a cup of Fish Chowder instead. The Fish Chowder placed before the plaintiff was a fairly full bowl mostly consisting of haddocks and potatoes which were found to be in chunks. It also contained milk, water and seasoning. The plaintiff described the chowder to be unclear and
Jan acknowledges his situation, “The whole idea of lawsuits is to settle, to compel the other side to settle” [1]. In fact, he uses this reasoning to his advantage by demanding a total of 320 million dollars from both companies. The case is drawn out and both businesses stubbornly refuse to take responsibility, Cheeseman arguing that, “These chemicals never reached Wells G and H - we will show that. And they never made anyone sick. We will show that, too” [1] while Fascher, representing Beatrice Foods, explaining that, “Unless you've proven that poisons reached the wells, there's no case” [1].
when Sue Sylvester learned that Mr. shuester had killed Titan she was very upset at losing her companion Ms. Sylvester has come to our office to ask if she can sue Mr. Schuester over the death of her beloved Titan I am considering filing a claim for intentional infliction of emotional distress. Please review the attached case, Ammon v. Welty, 113 S.W.3d 185 (Ky. App. 2002), assume it states the current law on the topic, and write an analysis of whether Mr. Schuester’s conduct meets the “intent” element of a claim for intentional infliction of emotional
Mr. Limon’s mother retained Plaintiff to pursue a tort claim on behalf of Mr. Limon and her (collectively, the “Clients”) against the allegedly negligent driver. The negligent driver had an automobile liability policy issued through defendant Geico. Plaintiff alleges that its attorney’s fee contract with the Clients granted it a one-third contingency fee in “all monies collected” as a result of the lawsuit against the negligent driver. (Petition, ¶¶ 5.2, 5.3) 4.
11. Similarly the reasoning for the refusal to disclose Dr. Rigney’s radiological reviews is equally misleading. While Plaintiff appreciates that Defendant Medic East has advised the court that Dr. Rigney will not be called as a witness in the instant matter, an admission Plaintiff intends to enforce should Defendant Medic East suddenly change their mind later, it does not change the fact that said reports were supplied to Dr.
The complaint states that on October 14, 2016, plaintiff Kirk Thompson, a UPS driver, delivered a box to defendant Eleanor Lewis at her single-family home in White Plains, New York. When Mr. Thompson placed the box on the front stoop and rang the doorbell, he heard Ms. Lewis’s dog barking and scratching the other side of the door. Mr. Thompson then walked back to his van when he heard a female voice behind him instructing him not to move. As Mr. Thompson turned around, Ms. Lewis’s dog, Simon, bit him on the arm, requiring surgery for Mr. Thompson and him missing six months of work due to his inability to drive.
Holding: (What rule, definition or standard did the court use to resolve the dispute?) Kirkpatricks ' complaint against Transamerica Insurance Company adequately states a cause of action, in which the court reversed the lower courts decision and remanded the case for further proceedings consistent with the appellate courts
They were both at a restaurant which sold Chinese food because Mr. Mattachioni was picking up food, and Mr. Humphrey worked there as a delivery driver. The argument between the two men prompted the defendant to punch Mr. Humphrey which allegedly knocked out a few of the complainant's teeth and left him in need of extensive dental care. The defense argues that Mattachioni was doing
Mrs. Reed filed suit against Mr. King on the basis of misrepresentation and asked for rescission and damages (Jennings, 2010). Issues: Should
In determining whether a genuine issue of the material fact whether a genuine issue of material fact occurs regarding the reasonableness of the requested accommodation, we first examine whether Turners facial presenting that her proposed accommodation is possible. If appellant has made out a prima facie showing, the load then shifts to prove a favorable defense, that the accommodations requested by Turner are unreasonable or would cause an undue hardship on the employer. In contrast, If Turner has satisfied her initial burden, Turners proposed accommodation seems practical. At this time, Hershey rotations policy is new one which had never been required of employees in Turners position. If Turner 's proposed accommodation would permit the new rotation program to endure, even though on a modified basis.
Kelly slipped on a woodchip dropped by other customers and got injured . However , the court considered the supermarket still fallen below the required standard of care . And the plaintiff won the case .Because they did not have the adequate cleaning system in their management for that area. On the opposite, for Griffin v Coles Myer Ltd in 1991 ,the plaintiff lost the case as an end .
Whether the Defendant, Mr. Jones and Cut-Rate Liquor, knew or ought to have known that the customer, Mr. Watkins, was intoxicated? According to the evidence obtained in Direct Examination, Mr. Jones maintains that he did not know and he could not have ought to have known that Mr. Watkins was intoxicated. In fact, Mr. Jones states with a certainty that “At no time on that date did I sell liquor to someone who appeared drunk. That is against the company policy, and I can be fired for doing so.”
The case that I will be talking about today is the case of POM Wonderful LLC vs Coca-Cola Company in which POM Wonderful felt that Coca-Cola was using false advertising to promote its own drink to sell to customers. POM Wonderful makes its own fruits to be used in their fruit chooses and they sell a drink that is made of 100 percent fruit juices with 85 percent being pomegranate juice and the other 15 percent blueberry juice. Coca-Cola also make a juice drink through the Minute Maid division of their company with the label saying pomegranate blueberry in giant letters. The Coca-Cola juice is made with only 0.3 percent of pomegranate juice and 0.2 percent of blueberry juice along with 0.1 percent of raspberry juice and 99.4 percent of a combination of apple and grape juices. The focus of the complaint was that the Coca-Cola juice label had the words pomegranate and blueberry in all capital letters and then underneath that the words got smaller and explained that it was a “flavored blend of 5 juices” and that it was made “from concentrate with added ingredients” (Cheeseman).
The Hill v. Ohio County involves a wrongful death case in which the hospital refused to admit Juanita Monroe. She thought she was in labor. As a result, she delivered her child at home without medical attention and died shortly after giving birth. The plaintiff was Lorene Hill, administer of Monroe’s estate, against Ohio Country Hospital. The question arises whether there was a breach of duty by the hospital in accordance to the institution’s admission policy.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny