Bottling Scandal

399 Words1 Page
bulb-icon

Recommended: Coca cola case introduction

Parties: Linda Hagan, Sarah Parker- Plaintiff and Appellants Coca-Cola Bottling Company- Defendant and Appellee Procedural History: Hagan and Parker brought up a negligence action lawsuit against Coca-Cola after drinking a bottle of coke, which they believed had a condom inside and led to emotional distress. In trial court, the jury awarded the plaintiffs with $75,000, which trial court reduced to $25,000 each. Both of the parties then appealed the decision to the Fifth District Court of Appeal in Florida. Facts: The plaintiffs drank a bottle of coke, which they agreed tasted flat. There was a sort of “oozy” substance floating inside the bottle, which they believed was a condom. In their distress the plaintiffs went to a medical center were

Show More
Related

  • Dr. Robert Lee Berry: Defendant

    394 Words  | 1 Pages

    No further information was given and the questionnaire was not filled out. LAA’s doctors (Defendant), Dr. Preau and Dr. Dennis, submitted referral letters for on his behalf. The letter from Dr. Dennis and Dr. Preau stated that both of them had worked with Dr. Berry and they highly recommend Dr. Berry as an anaestheologist. Based on the letter and recommendations, Kadlec hired him. Approximately a year later, Berry again started using Demerol. On work at Kadlec, he committed gross negligence resulting in severe brain damage to patient. Due to this incidence Kadlec learned that Dr. Berry had been fired from Lakeview. Kadlec first settled Dr. Berry’s malpractice case and then filed suit against Lakeview, its shareholders, and LMC for intentional negligence and strict responsibility misrepresentation based on LMC’s omission of material facts in the letter to Kadlec. The district court supported Plaintiff’s theory. LMC’s moved for summary

    Read More

  • Hagan V Coca-Cola Bottling Summary

    759 Words  | 2 Pages

    Holdings Although, many states had abolished the “impact rule,” Florida still follows to the rule. However, the court concluded that there was an impact and that the impact rule does not preclude the claim. Moreover, the court rephrased the certified question to whether the impact rule bars the claim for damages for emotional distress caused by the consumption of a foreign substance in a beverage product where the plaintiff suffers no accompanying physical injuries.

    Read More

  • Pittston Coal Company: Tort Law

    1251 Words  | 3 Pages

    ...awarded by a jury, this motion was denied by the judge. In the end Arnold & Porter lowered their desired settlement from $21 million to $15 million, Pittston offered $13 million. The two parties reach a settlement for $13.5 million, $8 million of which was for psychic-impairment.

    Read More

  • Forensic Evidence Admissibility For or Against in the Bloodsworth v. State Case

    1944 Words  | 4 Pages

    In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.

    Read More

  • The Casey Anthony Trial: The Trial Of O. J. Simpson

    1077 Words  | 3 Pages

    Even though the prosecution presented evidence to the court, the only clear-cut hard fact the prosecution had against Anthony was that she failed to file a report for her missing daughter Caylee and that when she finally did a month after her daughter had gone missing, she proceeded to lie profusely to the authorities on the events that took place. The prosecution focused highly on the forensic evidence of decay located in the trunk of Casey Anthony’s car. The use of a cadaver dog to search the vehicle led investigators to be able to determine that a decomposing body had been stored in the trunk of the car. The forensics department used an air sampling procedure on the trunk of Casey Anthony’s car, also indicating that human decomposition and traces of chloroform were in-fact present. Multiple witnesses described what they considered to be an overwhelming odor that came from inside the trunk as it where the prosecution believes Caylee’s decomposing body was stowed. Several items of evidence were ruled out to be the source of the odor, as experts were able to rule out the garbage bag and two chlorine containers located in the trunk as the source. The prosecution alleged that Casey Anthony used chloroform to subdue her daughter and then used duct-tape to seal the nose and mouth of Caylee shut, inevitably causing her to suffocate. Based off the

    Read More

  • Negligence In The Film A Civil Action

    610 Words  | 2 Pages

    The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.

    Read More

  • Case Study of the 4 D's of Negligence

    517 Words  | 2 Pages

    A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.

    Read More

  • Montague V. Amn Health Care Case Summary

    601 Words  | 2 Pages

    Nurse finders later assigned Drummond to work at a Kaiser facility as a medical assistant. The Plaintiff Sara Montegue was a medical assistant at Kaiser. Drummond and Montague had a disagreement, Montague didn’t think it was much of a big argument to report it. Both Drummond and Montague had a discussion about misplaced lab slips where Drummond raised her voice. A few weeks after the discussion, Montague left her water bottle at work. Montague later drank from her water bottle and her tongue and throat started to burn and she vomited. Drummond admitted that she had poured carbolic acid found in a Kaiser examination room into Montague’s water

    Read More

  • U.S. Supreme Court Graham v. Connor 490 U.S. 386 (1989)

    664 Words  | 2 Pages

    The U.S. Supreme Court Graham v. Connor was about a man named Mr. Graham, who was a diabetic. He felt like he was about to have a diabetic attack because his blood sugar was too low. Mr. Graham decided to contact his friend Berry over the phone to ask if he could drive him to the convenience store to buy some orange juice. He felt that if he drank some orange juice that it would mitigate the reaction. Subsequently, Graham and Berry came into view of the convenience store, and Graham hastily got out of the car. Sadly there was a long queue in the checkout line. Graham worried that he would get worse and since he couldn’t wait that long, he decided to go back to the car. He told Berry to take him to another acquaintance’s home to see if he could get some orange juice to ease the insulin. Waiting casually outside of the convenient store was Officer Conner. Conner had observed Graham go in and out of the store and sensed that something was not quite right. The...

    Read More

  • Wrongful Conception

    2025 Words  | 5 Pages

    Wrongful conception is a claim that the conception of a child is due the negligence of medical professionals to prevent said conception through proper sterilization techniques and contraception. This claim is generally not related to the results of whether the child is born healthy or not, but more so, on the claim that had the doctor or pharmacist taken the correct measures to assist in the prevention of conception, the individual would not have gotten pregnant. “As with other types of injury cases, a couple can seek compensation for the cost of the failed procedure, pregnancy costs, pain and suffering, lost wages, and loss of consortium” (Steffen, 2011, http://www.seolawfirm.com/2011/12/wrongful-conception-concerns-raised-when-errors-occur-during-ivf-and-pgd-testing/).

    Read More

  • Mandatory Vaccination in Children: An Ethical Dilemma

    1563 Words  | 4 Pages

    Mrs. A with her new born is at a pediatric clinic. She is been advised to vaccinate her baby for a disease X,Y, and Z. Mrs A has a discussion with Dr.D regarding the benefits of vaccines, possible side effects and why her baby needs to be vaccinated. She understands the benefits and the risks, but decides not to immunize her baby because she believes that her baby is not at risk of contractin...

    Read More

  • Munchausen Syndrome By Proxy Essay

    2109 Words  | 5 Pages

    The children had incurred numerous needles and painful hospital admissions, investigations, and procedures because of a false story and factitious signs...the falsification was not by the patient themselves but by another person "acting on their behalf" which is a proxy (502).

    Read More

  • Dennis Maher Case

    2111 Words  | 5 Pages

    Today in criminal convictions, it is prevalent and necessary that there is evidence collected in order to hopefully find and put away the people who committed the crimes. Serology is an important factor that allows this to occur. Serology is the study and identification of bodily fluids such as blood salvia and semen in order to proceed in criminal investigations and legal processes. Blood, saliva, and semen can be readily found in sexual assault and homicide cases. In the case of Dennis Maher, serology is something that should have been considered in order to make a conviction. Instead, none of the evidence that was collected was tested to exclude him, and he was put away in jail based on eyewitness identifications. The crimes that occurred in 1983 ended with Dennis Maher, a solider for the United States, being charged and convicted for rape, assault with intent to rape, assault & battery, and aggravated rape in the year of 1984 based on Eyewitness testimony (NEIP, 2011).

    Read More

  • Should Minors Receive Parental Consent before Having an Abortion?

    1509 Words  | 4 Pages

    Norris, J. A., Garinger, G., & Kurtz, N. C. (1978). Selected recent court decisions. American Journal of Law & Medicine, 5(1), 1-2.

    Read More

  • Scandals

    662 Words  | 2 Pages

    Contemporary society is always portrayed as a civilized society, in which the sense of democracy has come to woven throughout the fabric of our lives. Thanks to the mass media, the public has become more informed about what is happening in the world, from the political field such as the state and national government to the business area such as the international stock market. At the same time, people are paying more attention to the leaders. Some insist that since the major mission of the leaders is to lead the whole group to succeed in the intense competition, a leader should try every means to achieve his goal rather than care much about the ethic and morality. Those from the other camp hold a strong belief that to be an effective leader, a public official must maintain the highest ethical and moral standards. As far as I am concerned, I prefer the latter point of view. In the following discussion, I would like to present several evidences to support my standpoint.

    Read More

More about Bottling Scandal

Open Document