Mgmt 520 Week 3 Homework Essay

1290 Words Oct 25th, 2014 6 Pages
Andrea Grigsby
MGMT 520
Week 3 Homework
You will be able to upload both attachments in the same Dropbox. The Dropbox allows you to attach multiple documents in the same submission. Failure to submit your shepardized case will result in a loss of 10 points. You will not be able to submit it after your assignment has been graded.
Your assignment is due by Sunday, end of Week 3, 11:59 p.m. (MT).
(Note: You will not submit anything to the Homework CASE Dropbox.
Questions 1-6:
Week 3 Homework answers (there are 6 questions total).

While viewing the Nadel v. Burger King & Emil case answer the following questions:

1. What court decided the case in the assignment? (2 points)
Answer: Court of Appeals Ohio, First District,
…show more content…
Answer: The case of negligent infliction of emotional distress was not granted for the following reasons. The grandmother’s statement that she was ‘worried,’ but sought no professional treatment thereafter and the father had been getting psychological treatment but for other reasons as the ‘incident’ just came up and wasn’t the primary reason for treatment. The court did reverse the summary judgment in regard to the design defect and failure to warn claims in their product liability claims.
5. According to the case, why didn't the court approve summary judgment for product liability claims? (5 points)
Answer: Based on the fact that the coffee caused second degree burns was sufficient enough to raise factual issue whether the coffee was unreasonably hot, thereby defeating summary judgment on design defect. Since the design defect was upheld thereby the failure-to-warn claim would stand as the arguments of intervening and superseding causation would not apply.
6. Do you agree with this decision? Why or why not? (5 points)
Answer: I agree with the affirmed decision on the breach of warranty claim. The decision I disagree with it where the court reverses the summary judgment regarding the design defect. Coffee in my experience varies vastly in the temperatures they serve it at, even my home coffee maker settings can be at one hundred seventy degrees, whether that would cause second degree burns

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