McDonald’s Obesity Case,Duty of Care,Product Liability Claims

McDonald’s Obesity Case,Duty of Care,Product Liability Claims

Part 1 Label: McDonald’s Obesity Case “3” Introduction: Let’s take what you have learned in this unit and put it all together. We have explored litigation lawsuits, particularly the elements of a tort lawsuit and the types of damages involved. We have also examined the role of fault in lawsuits. How do lawsuits begin? How does the public respond to cases? Negligence, as we have learned, is a type of tort wherein an injured person proves that another person acted negligently to cause injury to the plaintiff, entitling the plaintiff to recover damages to compensate for harm or injury. It is interesting to look at how a negligence case begins, how fault is determined, and how the courts examine these cases. The Phillip Morris tobacco lawsuit was a huge lawsuit involving many issues, but one was negligence on the part of the tobacco company. Click here to see a short synopsis of the timeline for this lawsuit, which begins in 1999 and ends in 2007. Overview of the Case: In the following case, several obese teenagers claimed that McDonald’s was to blame for their obesity. The lawsuit was originally filed in 2002 by the parents of two teenage girls on behalf of their daughters. Ashley Pelmand and Jazlyn Bradley were the teenagers who claimed damages caused by their obesity. They filed a class-action lawsuit against McDonald’s Corporation, claiming that McDonald’s was negligent and at fault for their obesity. This falls on the heels of adults who are suing McDonald’s for their overweight state. How did this case begin? Where did it start and where did this case end up? In this unit we will be looking at a timeline for this case; examining how a case progresses, how public opinion comes into play, how the courts handle the case, and finally, what the end result is. To prepare for this week’s Written Assignment, read some background information about this suit: I will upload the reading material on the cases below • Another McDonald’s Lawsuit–Fat or Fast Food? • McLawsuit Reheated: It Doesn’t Taste Any Better • Lawyers revise obesity lawsuit against McDonald’s • The legal opinion signed in 2006 regarding this case Assignment: You have now learned more about the McDonald’s case. This is a two-part assignment. For the first part of the assignment: You will provide a timeline of the case, including how and where it started, what steps were involved, and where the case ended. What was the final decision? In this timeline of the case, you will provide a progression in short paragraphs. At the end of your paper, provide the links that you have used to help you understand the progression of this case. Your timeline will begin with a date on the left side of the page and a short paragraph on the right of how this case initially began. You will continue this down the page until you finish the timeline of the suit. For the second part of the assignment: After reading a minimum of ten public news sources on this lawsuit, what do you believe is the common public response to this lawsuit? In a two page paper, present the opinion as perceived by the public related to the facts of this case. What are the concerns of this lawsuit? How could public opinion affect the lawsuit? Is this lawsuit affecting other industries? Do you agree or disagree with the general public opinion and why/why not? In this two-part assignment, you are expected to: 1. Explain the timeline of a lawsuit 2. Examine the negligence issues alleged by the plaintiff 3. Analyze the public policy concerns involved in this lawsuit Paper Format: • Use Times New Roman or Arial Size, size 12 font. • Be sure to double space work and put your name, date, and assignment on each page of the paper. • You may use the header function of Microsoft Word to do that if you wish. • Use proper grammar, punctuation and spelling.


Part 2

Label: Brief the New Boss: Duty of Care “5” For this week’s Written Assignment, you will take on the persona of a paralegal who works for an attorney. As a paralegal, you can do many of the tasks attorneys can do; however, you may not dispense legal advice. You are currently working for a new attorney who has just graduated from law school. He moved to the area recently and is not very familiar with the state statutes yet. You actually have much more knowledge regarding civil litigation and torts than this new attorney. However, you are limited because you can’t give legal advice per state statute. Your new boss has never practiced law in your state, while you have worked in the area for a considerable time. The attorney has asked various questions to which you will need to research and find answers. For this week’s Written Assignment, you will conduct the necessary research and compose answers to the following questions. Compile your responses in a document titled “Duty of Care.” The attorney wants a full explanation, so he completely understands these concepts. Each explanation should be a minimum of one page. Questions to Answer: • What is the rescue doctrine? • Can a fetus recover for injuries sustained in utero as a result of defendant’s actions? • What is the family-purpose doctrine? • Define negligent infliction of emotional distress • What is the attractive nuisance doctrine? • Explain the dram shop law in Georgia’s state? • Is there a duty to rescue someone in distress in Georgia state? Are there any ramifications to doing so or is any liability waived?

Part 3

Label: Product Liability Claims “6” As we have learned thus far, product liability claims are associated with negligence, strict liability, breach of warranty, and consumer protection claims. Product liability is an area of law related to the manufacturers, distributors, retailers, and suppliers who are involved with making products. A claim is based on actions involving design defect, manufacturing defect and a failure to warn. Ford Motor Company has been sued many times for various product liability issues, including defective seat belts, tires, door latch system and safety restraints, seating and safety restraints, defective fuel systems, and more. For this week’s Written Assignment, research the Internet and LexisNexis and find a strict liability case involving Ford Motor Company. Choose a case involving a product defect. Your case briefing should include an analysis of the case. Why did the court decide the case as it did? On what legal theory did the court rely?

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