preview

Nadel Vs Burger King Essay

Decent Essays

1. What court decided the case in the assignment? (10 points) Answer: The court that decided the case of Nadel v. Burger King was the Court of Appeals of Ohio, the First District in Hamilton County. 2. According to the case, what must a party establish to prevail on a motion for summary judgement? (10 points) Answer: In order to prevail on a motion for summary judgement, a party must demonstrate that there are no issues of substantial fact remaining to be contested. 3. Briefly state the facts of this case. (10 points) Answer: Nadel was taking his kids to school and his mother Evelyn was riding with them. His son, Christopher was in the front seat next to him and Evelyn was in the passenger seat. They stopped at Burger King in order to get two cups of coffee for the ride. They were handed two cups in a cardboard drink carrier and the cups were completely full. Christopher received second-degree burns on his right foot from the spilled coffee. Nadel sued for breach of a warranty of merchantability and breach of a warranty for a particular purpose. Nadel said that there was no official warning from Burger King. Burger King moved for …show more content…

Hanks case in 1983, the Ohio Supreme Court stated that “where a bystander to an accident states a cause of action for negligent infliction of serious emotional distress, the emotional injuries sustained should be found to be both serious and reasonably foreseeable, in order to allow a recovery. Serious emotional distress describes emotional injury, which is both severe and debilitating. Thus, serious emotional distress may be found where a reasonable person, normally constituted, would be unable to cope with the mental distress engendered by the circumstances of the case.” In this case the mother, said she was very worried about her grandson, but not worried enough to seek treatment. Nadel was receiving treatment for his recent divorce, but barely brought up the fact that he was worried about the

Get Access