Go to Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions.
1. 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
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couldn’t Burger King sue the parent’s of Nadel of negligence of the care of their child? 2. First of the all, the child was in the front seat, in between the parents. Is that even safe? 3. Second of all, she placed the hot coffee, knowing that it’s hot because it burned her and still placed it near the child? It is not the manufacture’s duty to make their product accident-proof. For instance, the child in the Kessel case, the court ruled that steaming hot water is common sense, what can the manufactures do at that point? Make sinks that only dispense cold water? Does that mean the sinks that dispense hot water are all defective? Kessel v. Stansfield Vending, Inc., 2006 WI App 68, 291 Wis. 2d 504, 714 N.W.2d 206, 2006 Wisc. App. LEXIS 237 (2006). Nadel’s mom clearly knows the coffee was hot since it already burned her, she should’ve used this knowledge to warn or to watch for his son’s actions.
Now, in the library, click the “Shepardize” button in the top right of the LexisNexis page while on the case. This provides you with all of the cases which have used Nadel et al. v. Burger King Corp. & Emil, Inc. case as “precedent” since its publication. Out of the cases listed, pick one, click the link, read the case, and provide the following information:
A. The name and citation of the case (5 points)
The name and citation of the case is Olliver v. Heavenly Bagels, Inc., 189 Misc. 2d 125, 729 N.Y.S.2d 611, 2001 N.Y.