Angelica Keller (Plaintiff) vs. Southwest Airlines Co. /Jane Doe (Defendants):
Angelica Keller: Resident of Smyma, Rutherford County Tennessee
Southwest Airlines: A corporation organized under the laws of the State of Texas, doing business in Tennessee. A common carrier of passengers for hire.
Jane Doe: An unidentified flight attendant employed by Southwest, Acting within her duties for the business of Southwest when the negligence occurred. Facts
The Plaintiff was flying on South West flight 955 on 28 Dec 2011, Seated in window seat of the first, right hand row of the aircraft. This seat was immediately behind the bulkhead separating the passengers from the galley. There were no tray tables available in the row of the aircraft the Plaintiff was seated in. Jane Doe provided in flight services to the passengers in the Plaintiffs row. The plaintiff ordered hot tea. Jane Doe returned with the Plaintiffs hot tea, as well as items requested by other passengers sitting in her row.
Jane Doe served the hot tea in a paper “hot cup”, which was placed in another slightly shorter and wider clear plastic cup. Jane Doe wedged the condiments (sugar and creamer) between the two cups. Jane Doe did not offer any assistance to the Plaintiff, and the other passengers were occupied with their own beverages, unable to assist the Plaintiff. The Plaintiff spilt extremely hot water in her groin and buttocks area as a result of this situation.
The Plaintiff sued Southwest and Jane Doe for a
The plaintiff, Stella Liebeck, is represented as the “Individual Responsibility Narrative,” alluding to the fact that the spilling of the McDonald’s coffee was her doing, and therefore should be liable for the damages caused by the spill. Meanwhile McDonald’s, the defendant, narrative is named “Defective Products Liability.” In short, it takes a counteractive stance; though the initial cause was Ms.Liebeck’s fault, their faulty product and lack of warning makes them responsible for her injuries.
Details of incident: Defendant and his friend went to the same store where he was arrested previously for shoplifting. He threw a beverage to the security’s face and slapped him. Defendant got really angry when he saw the security. Defendant thinks he was responsible for his arrest in the past because the security caught him for shoplifting. As the defendant is
Southwest Airlines Co., established in 1971 by Rollin King and Herb Kelleher, began its operations with only three Boeing 737 aircrafts. It is headquartered in Dallas, Texas(Hawkins, Misra, & Tang, 2012). Southwest is well known as one of the largest low-cost carriers. With this strategy, the company has dramatically grown up and deeply rooted in the US airline industry. Now, Southwest Airlines Co. operates 633 aircrafts to 93 domestic cities and the highest number of passengers used Southwest Airlines to fly around U.S in Jan 2014 (Hawkins, Misra, & Tang, 2012). To accomplish more than 40th consecutive years of both profitability and competitiveness, Southwest Airlines Company is constantly trying to find the routes to differentiate itself from other domestic carriers (Hawkins, Misra, & Tang, 2012).
Southwest Airlines Co. is an airline company that offers air transportation services within the United States and in international markets. The company operates within the airline industry that is highly regulated, technology intensive, labor intensive, and highly competitive (Southwest Airlines, 2017). Southwest Airlines operates a service business whereby the company offers a point to point air transport service to its passengers. Other than passenger transport, the company offers transportation services for pets and unaccompanied minors. The flights offered include short haul and long haul between various destinations within the United States and internationally. In 2016, the company’s operating revenues from international operations amounted to $383 million. A unique feature of the Southwest Airlines is its cost structure whereby the company focuses on cost discipline and uses one aircraft type to minimize costs.
Southwest Airlines was formed in 1967 by Rollin King and Herb Kelleher and started service in June of 1971. The airline is headquartered in Dallas, Texas and originally operated flights within the state of Texas. The company has since expanded and now operates flights from Dallas to almost all major cities in the United States and is considered the largest low-cost carrier in the country. “Southwest seeks to offer a travel product that is built around flights targeted to specific demographics and ticket pricing that is simplified so that passengers know
The mission of Southwest Airlines is dedication to the highest quality of Customer Service delivered with a sense of warmth, friendliness, individual pride, and Company Spirit.
This lawsuit had impact on both the business world and the rules of the law. McDonald's was forced to reexamine its policy. McDonald's was aware of the risk and hazard, but undertook nothing to mitigate or reduce the risk of injury. The company knew about burn hazards and continued to serve coffee hot to save money and get away with cheaper grade coffee. After reexamining their policy, McDonald's has been serving coffee at a temperature low enough not to cause immediate third-degree burns. This
We have had further discussions with Mr. Ashiku, Mr. Zubairi, and Ms. Kristen Finkensher, the bartender on duty on the night of the occurrence. Their statements are consistent with the facts stated in our prior report. In short, on the night of the incident, the City of South Elgin was hosting its annual festival, Riverfest, near the pub. There were light towers located throughout the festival grounds, which illuminated the surrounding buildings, including the pub. Plaintiff came into the pub, ordered one beer and, at some point, left the pub. An unknown patron then alerted Ashiku and his bartender that Plaintiff had fallen near the bottom of the stairs. Plaintiff refused assistance from the bartender including an offer to call an ambulance and left in a vehicle driven by her friend. The lights above the stairs were functional and the village’s light towers brightly illuminated the stairs. The bartender described the plaintiff as being about 5’8” tall and weighing about 300 pounds. She believes
In your report you mentioned there was smashed banana on the plaintiffs foot, did you also notice banana on the floor or on the mats? Furthermore, why did the banana display not have mats or carpet completely around it? The answer to this question would establish if there was banana on the floor and why the store only put slip mats in front and carpet behind the display. In addition, this question establishes the store did not safe guard the sides of the display.
Renee McDonald (“Plaintiff”) allegedly sustained personal injuries on October 8, 2015 while shopping at a store owned and operated by Costco (“Defendant”) in Brooklyn Park, Maryland. According to the plaintiff, while walking through the store, she tripped on mop water which caused her to fall to the ground and suffer “severe bodily injuries.” The Plaintiff claims that her fall was caused by the mop water. The mopped area had been secured with a yellow caution sign that warned customers of the wet floor. At the time of the Plaintiff’s fall, however, the sign had fallen down and was lying on the floor. Plaintiff alleges that the store did not have proper signage to warn of the hazardous condition.
The movie, “Hot Coffee”, is a documentary film that was created by Susan Saladoff in 2011 that analyzes the impact of the tort reform on the United States judicial system. The title and the basis of the film is derived from the Liebeck v. McDonald’s restaurants lawsuit where Liebeck had burned herself after spilling hot coffee purchased from McDonald’s into her lap. The film features four different suits that may involve the tort reform. This film included many comments from politicians and celebrities about the case. There were also several myths and misconceptions on how Liebeck had spilled the coffee and how severe the burns were to her. One of the myths was that many people thought she was driving when she spilled the coffee on herself and that she suffered only minor burns, while in truth she suffered severe burns and needed surgery. This case is portrayed in the film as being used and misused to describe in conjunction with tort reform efforts. The film explained how corporations have spent millions of dollars deforming tort cases in order to promote tort reform. So in the film “Hot Coffee” it uses the case, Liebeck v. McDonalds, as an example of large corporations trying to promote the tort reform, in which has many advantages and disadvantages to the United States judicial system.
This paper will consider the facts associated with the case of Stella Liebeck versus McDonald’s, resulting from Ms. Liebeck’s efforts to collect for damages sustained when she spilled extremely hot coffee into her lap in 1992. The issues, applicable laws and the conclusion the jury reached will also be covered as well as the subsequent impacts on American tort law following this decision.
Southwest Airlines is a passenger airline company that arranges and provides scheduled flights for passenger and transportation freight services. The company mainly provides, low-fare, point-to-point services all over the US and near-international markets. The headquarters is located in Dallas, Texas and as of December 2014, the company employed over 46,278 people. The company was founded by Rollin King and Herb Kelleher in 1971. Southwest was the first airline to introduce the frequent mile program. This took place in the mid 1980’s. This type of program allowed passengers to add up traveled miles to use later as credit on a future airline ticket. The traveled miles would add up and would also reduce the price of a ticket. Southwest created the idea of senior discount, fun fares and the fun packs. These were perks that attracted people from different age groups. When Southwest originally was incorporated, the idea was to operate in three cities in Texas, but after taking over Morris Air and TranStar in 1987, this gave them a cutting advantage in the airline industry.
Southwest Airlines Co. began its operations in 1971 and has been serving the industry for the past 43 years now (Southwest Airlines, n.d.). It is the major domestic airline, and ranked number one in 2014 by the Bureau of Transportation Statistics (United States Department of Transportation, 2014). Back in 1971 the airline began its services in Texas in the cities of Houston, San Antonio, and Dallas. The company has been ranked as the nation's largest low cost carrier (Mergent, 2012). It offers the lowest fares, and has the lowest cost structure in the industry.
Southwest Airlines encourages respect, innovation, a caring attitude and strives to adhere to all labor and employment laws which includes respecting privacy and equal opportunity. With a strong concern for avoiding corruption and avoiding anti-competitive behavior, they work hard to maintain accountability of all business practices. An example of this is the promotion of competition to provide consumers low air fares and a variety of high quality air service offerings across the US. This shows their devotion to the community they serve and maintains the company culture.