State of Louisiana Dept of Public Safety and Corrections o Cole was

State of louisiana dept of public safety and

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Cole v. State of Louisiana, Dept. of Public Safety and Corrections o Cole was correctional officer; as part of training he was beaten with baton and suffered injury; Cole sued for battery o All courts ruled for plaintiff Wal-Mart Stores, Inc. v. Cockrell o Cockrell was shopper at Wal-Mart; was detained by officer at store and asked to strip down even had to open bandage on surgical wound; nothing was found; Cockrell sued for false imprisonment o Trial court ruled for Cockrell; appellate affirmed because officer had no probable cause to believe Cockrell had hidden merchandise under bandage GTE Southwest v. Bruce o Bruce and other employees at GTE sued company for intentional infliction of emotional distress premised on abusive behavior of their supervisor who was a former U.S. Army sergeant o Trial and appellate court ruled for plaintiffs; so did TX Supreme Court Speakers of Sport, Inc. v. Proserv, Inc. o Pro-baseball player wooed by Proserv and replaced Speakers of Sport as his agent; Proserv did not make him money like promised so he switched to another agent; Speakers of Sport sued Proserv for interference with business relationships o Trial court ruled against Speakers and appellate court affirmed American Italian Pasta Co., v. New World Pasta Co.
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o American put “America’s Favorite Pasta” on packaging; New World sued saying phrase violates Lanham Act o District and appellate court ruled for American because phrase was “puffing” rather than statement of fact Chapter 20 Webster v. Blue Ship Tea Room, Inc. o Webster ate fish chowder at restaurant which had fish bone in it and choked; had two surgeries as result; sued restaurant for breach of implied warranty of merchantability o Courts ruled in favor of restaurant Dempsey v. Rosenthal o Plaintiff bought poodle from breeder; later found out poodle had one undescended testicle (which later descended); plaintiff returned dog and demanded refund; defendant refused; plaintiff sued for breach of implied warranty of merchantability and fitness o Court ruled for plaintiff for breach of implied warranty of fitness because breeder had to know plaintiff bought dog for breeding purposes Knight v. Just Born, Inc. o Knight ate a handful of Hot Tamales candy and got burned by one that had concentrated liquid flavoring; sued manufacturer and retailer for strict liability; both parties moved for summary judgment o Court ruled that Knight not entitled to summary judgment but can present case to jury because claim not foreclosed by lack of definite and specific direct evidence regarding alleged defect in Hot Tamales Pelman v. McDonald’s Corp. o Plaintiff sued McDonald’s for deceptive advertising and negligence because sells unhealthy foods that causes obesity in Americans o Trial and appellate court ruled for defendant because no proximate cause; plaintiff showed no direct link between McDonald’s and obesity Chapter 30 Ellison v. Brady o Ellison worked for IRS and was being harassed by Gray, a co-worker; IRS transferred Gray to different location but he requested to be transferred back and continued harassing Elllison; Ellison filed complaint and Treasury Dept. and EEOC ruled against her saying
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