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Product & Torts Liability


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There is three parts to this assignment: 1) Intitial Reaction to the three cases (Due within 24 hours) Read the short articles by “The Mighty Quinn” and L. Takruri, and post a brief initial reaction to the three lawsuits (McDonald’s, Winnebago and dry cleaners). Had you heard about these lawsuits before? Do you think they are “frivolous”? Be sure to include all three cases in your discussion. 2) Research and complete a 10 -12 page paper. In 1994, there was a widely publicized lawsuit against the McDonald’s Corporation in which an elderly woman, Stella Liebeck, sued McDonald’s for damages from the third-degree burns she sustained from hot McDonald’s coffee that she spilled on her lap while she was seated in her car. The case received so much publicity that it is frequently referred to today as an example of a “frivolous lawsuit” that hurts American business. Indeed, the “Stella Award” for frivolous lawsuits referred to in the article “The Mighty Quinn” was named after Stella Liebeck. In 2007, Roy L. Pearson sued Custom Cleaners for several million dollars of damages resulting from a lost pair of trousers. Research these two cases, and in 10-12 double-spaced pages compare and contrast the facts, law, and merits of the two lawsuits by answering the following questions. Include an introduction and a conclusion in your paper. 1. What are the facts? 2. What are the issues? 3. What law applies? 4. What did the judge and/or jury decide? 5. Did the judge and/or jury make an appropriate decision based on the applicable law controlling the case? Why or why not? 6. What are the ethical issues in the cases? Do the ethical issues differ from the legal issues? If so, how? 7. Both of these cases have been described as “frivolous” lawsuits. Based on your research what do you think? Is either one or both of these cases frivolous? 8. Regardless of what you think of the lawsuits, how could the business owners have prevented them? What advice can you give them for the future? Be sure to provide references for all information, including facts that you obtain from your research. 3) Reflection Post After completing the paper, address the following questions: (1) Did your opinion about the McDonald’s, Winnebago, and/or Pearson lawsuits change after researching the cases and learning more about the applicable law? Why or why not? (2) The next time you read about a situation similar to the Winnebago incident mentioned in “The Mighty Quinn,” what will your first reaction be? (3) How do you feel about this experience? Although the Winnebago case is not part of the individual paper assignment, be sure to include it in your discussion. References to use: AMBA610 Custom Text: Chapters 7 and 8. From Kubasek, N.K., Brennan, B.A., and Browne, M.N. (2015). The Legal Environment of Business: A Critical Thinking Approach (7th ed.). Boston, MA: Pearson Learning Solutions. Takruri, L. (19 September, 2007). Dry cleaner in pants suit closes. Associated Press Financial Wire. (Attached.) The mighty Quinn. (2002, June 25). Daily News (New York). (Attached.) In addition, I have attached a grading rubric, notes and the required articles. If you do not have access to the text book, please inform me so that I can scan and upload it for you.


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