This case refers to a decision made by the Supreme Court of California, pertaining to injuries suffered by the plaintiff when a bottle of Coca-Cola exploded in her hand as she was moving it from the case to a refrigerator. Mrs. Escola worked for a restaurant in Merced, California, and on August 21, 1941, she suffered injuries to her hand when a bottle of Coca-Cola suddenly exploded, cutting the web of her right hand approximately 5 inches long and about one and a half inches deep. Because of her injuries, Mrs. Escola suffered from limited motion of the thumb, and her extensive nerve and muscle damage left her unable to touch without great pain, and therefore unable to work. The prosecutor, a Mr. Belli, argued that the bottling company was
Similar to the sisters’ observation, the analyst initially thought that the foreign material that was floating in the bottle was a condom, however, upon examination, he was scientifically certain that the foreign object was a mold. As the trial ended, the jury favored the plaintiffs, awarding them $75,000 each. Nevertheless, the trial court decreased the jury award to $25,000 each to Hagan and Parker. Both involved parties appealed to the Fifth District Court Appeals. The appellate court concluded under the case law concerning the impact rule -that the sisters had not established a claim because they did not suffer a physical injury. The appellate court reversed the jury award.
In Herbert’s and Seaver’s letters (1970), Herbert writes to Seaver discussing Seaver’s commercial use of the line “It’s the Real Thing” for Mr. Haskin’s book without “consent” from the Coca-Cola company: Seaver’s letter is a reply discussing the misunderstanding for the line. The speaker of both letters utilizes a different approach to explain to each other their justification of Coca-Cola’s ownership for the line and commercial use of it. Herbert’s letter contains a condescending and arrogant tone; because of this, Seaver replied back in a satirical, sarcastic, and an almost amused tone.
Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages to $480,000. The final out-of-court settlement was of approximately $500,000. For many, this case is frivolous (meaning that the plaintiff’s prospects of being successful were low or inexistent), but it really highlights the question of excessive punitive damages compared to the damage suffered and its causes.
Honig v. Doe, 484 U.S. 305, 108 S. Ct. 592, 98 L. Ed. 2d 686 (1988).
McIntosh v. Milano, 168 N.J. Super. 466, 483-85, 403 A.2d 500 (Law Div. 1979) – Primary Source
In this experiment, there were several objectives. First, this lab was designed to determine the difference, if any, between the densities of Coke and Diet Coke. It was designed to evaluate the accuracy and precision of several lab equipment measurements. This lab was also designed to be an introduction to the LabQuest Data and the Logger Pro data analysis database. Random, systematic, and gross errors are errors made during experiments that can have significant effects to the results. Random errors do not really have a specific cause, but still causes a few of the measurements to either be a little high or a little low. Systematic errors occur when there are limitations or mistakes on lab equipment or lab procedures. These kinds of errors cause measurements to be either be always high or always low. The last kind of error is gross errors. Gross errors occur when machines or equipment fail completely. However, gross errors usually occur due to a personal mistake. For this experiment, the number of significant figures is very important and depends on the equipment being used. When using the volumetric pipette and burette, the measurements are rounded to the hundredth place while in a graduated cylinder, it is rounded to the tenth place.
“Case Synopsis by Dan Stidham” in “Case Introduction” in “Case Info”. Dan Stidham. Los Angeles, CA. 2/10/08. .
Haltom v. Bruner & Meis, Inc., 680 N.E.2d 6, 7 (Ind. Ct. App. 1997). In Chestnet v. K-Mart Corp., a security officer observed a customer place a gas-cap into her purse and exit the store without purchasing merchandise, and detained her in-store for 30 minutes. 529 N.E.2d 131, 131-2 (Ind. Ct. App 1988). Although the customer was found innocent, the court held that the store was immune from liability because this "satisfied both the spirit and the letter" of the ISDA. 529 N.E.2d at
In 1994, the trial of Liebeck v. Mcdonald's P.T.S., Inc., (No. D-202 CV-93-02419, 1995 WL 360309), 79 year old New Mexico woman named Stella Liebeck sues Mcdonald's, Inc after suffering from multiple third degree burns. The injuries that Liebeck indure was an self-inflicted by spilling a cup hot Mcdonald's coffee that was obviously too hot if cause third degree burns. The issue of this case is whether or not Mcdonald's showed any negligence and if so, did it lead to the unfortunate event of Liebeck injuries. Liebeck was seeking compensatory. damages for loss of wages and punitive damages for pain and suffering. To prove her case, Liebeck had to prove that even though she was partially responsibility the defendant; Mcdonalds, Inc gross negligence was cause them to be more responsible.
History The large part of the history behind the case is the evolution of product liability laws in California and the United States. Prior to the establishment of the laws provided by this case and others through the 20th century, many people injured by products could only win their respective cases if they could prove negligence on the manufacturers behalf. Before Greenman’s case, there were several others that unsuccessfully tried to win product liability cases in the state of California and across the nation. Some of them include: Escola v. Coca Cola and Henningsen v. Bloomfield Motors. In the case of Henningsen, a steering mechanism failed in a vehicle, which led to the injury of the driver.
The court case Graham v. Connor took place in 1989 when a man named Dethorne Graham was working from home when he suddenly had an insulin reaction due to his diabetes. He had one of his friends drive him to the nearest convenience store to purchase orange juice to counter the reactions. Once they arrived, Graham got out of the vehicle and ran quickly inside. Once he walked inside the store, he noticed the checkout line was abnormally long. Seeing this and wanting to counter the reaction as soon as possible, he left the store and ran quickly out of the store and into his friend’s vehicle to go somewhere else.
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.
Coca-Cola is known for their advertisements, clever marketing, and for their many beverages. Coca-Cola uses a strategy of showcasing their product surrounded by exciting activities that will appeal to the audience. The two advertisements I have chosen to analyze are advertisements that Coca-Cola strives to display. One advertisement features a female in a bikini holding a chilled bottle of coke and expressing happiness through her beautiful smile to everyone. The other advertisement from Coca-Cola shows a man on his lawn mower with a Full-Throttle can in his hand. In both Coca-Cola advertisements they appeal to both men and women.
What is the essence of the American spirit? The answer is as the framers of the Constitution said, the right to life liberty and the pursuit of happiness. Try to understand that much like one of our pop-culture symbols Coca-Cola, this little mantra represents everything we as Americans stand for, that something small can become an icon that shows that anyone can make an impact on society. Now to describe our friends across the sea, they could be called Pepsi, inspired by the original product and to us inferior. In reality “Pepsi” was not affiliated with the French but this mantra was, Liberté, égalité, fraternité or in English, liberty, equality, and brotherhood. although
Pepsi may have brought in more revenue in 2011 than Coca Cola but its arch-rival sold $28 billion worth of soda while Pepsi only sold $12 billion. Coca Cola also exceeded Pepsi on America’s most popular soda list. Coca Cola being number one and Pepsi number two.