Case 3.1 Summary Judgement

Case 3.1 Summary Judgement - product to a manufacturer Case...

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Kathleen Basurto 4/19/2016 Business Law-2211-NET04 Instructor – Susan Horn Case 3.1 – Summary Judgement Question 1: Should the defendants’ motion for summary judgement be granted? In this case, the defendants’ motion for summary judgement should not be granted. There is ample factual evidence that supports the plaintiffs’ complaint. There was factual evidence proven by studies done regarding the link between lung disease and the inhalation of the chemical diacetyl, which is contained in the buttery flavor produced by the defendant companies. These facts should be used in the determination by a jury as to where the liability of the claim lies. Additionally, as a distributor, the defendants’ are considered to be liable for any harm or injury that arises out of the sale of a defective
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Unformatted text preview: product to a manufacturer. Case 3.3 – Summary Judgement Ques±on 1: Should Walmart be granted summary judgement? In this case, Walmart should be granted summary judgement. There were no prior incidents in the four years that the display was in the same loca±on in the store and Walmart produced photos that showed the warning signs at each of the four corners of the display. That coupled with the fact that the display was located in a large open area provides evidence that Walmart did not act out of negligence or with intent to harm. The evidence makes this a case of law, which can be decided by a judge and does not require jury delibera±on....
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