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Assignment
A.You work in the in-house legal office for McDonald’s corporation. It is your job to draft legal memoranda outlining McDonald’s potential liability anytime there is an incident involving a serious injury at a McDonald’s franchise. Based on the facts as presented in the Hot Coffee documentary, prepare a legal memorandum addressing the following:
• Summarize the pertinent facts of the Liebeck incident
• Discuss any potential legal claims Liebeck may assert against McDonald’s. Explain what is required in order for there to be liability under the relevant theories.
• Identify the types of damages Liebeck may potentially recover from McDonald’s.
• Identify any potential affirmative defenses McDonald’s may assert to avoid or reduce liability
B.You are an attorney with a small personal injury law firm in Nebraska. One day, you receive a visit from Lisa and Michael Gourley. They would like to consult with you about the possibility of filing a lawsuit on behalf of their son, Colin, to recover based on injuries he sustained at birth. Based on the facts presented in the Hot Coffee documentary, prepare a legal memorandum to Mr. and Mrs. Gourley addressing the following:
• Summarize the pertinent facts of the Colin Gourley case
• Identify the type of legal claim they can assert against the physician(s) responsible for providing medical care to Colin and Lisa Gourley before, during, and after the birth of the Gourleys’ twin sons. Explain the requirements (the “elements” of the legal claim) that must be met in order for Mr. and Mrs. Gourleys’ lawsuit to be successful.
• Discuss the categories of damages Mr. and Mrs. Gourley can recover in their lawsuit.
• Discuss what impact, if any, Nebraska Revised Statute 44-2825 will have on their case.
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