Question

Famous Foods is a fast-food chain restaurant famous for its hot coffee (its coffee temperature is a bit higher than that of the industry average). One sunny morning, Jane went to a Famous drive-through for breakfast and purchased coffee. Jane put the cup between her knees and tried to get the coffee lid off. As she tugged at the lid, scalding coffee spilled onto her. The 170-degree coffee burned her. She had to be hospitalized and was unable to work for two weeks to treat the third-degree burns she suffered. The total medical expenses she incurred were $4,000. Normally she could make $5,000 a week. Her estimated pain and suffering was $3,000. Jane sued Famous and asked for punitive damage of $50,000 in addition to compensatory damages.
1. Jane filed a negligence lawsuit against Famous. In order to successfully prove Famous is negligent , Jane must show the following elements EXCEPT:

a. The existence of a no-fault law.
b. Famous failed to perform a legal duty to use reasonable care.
c. Jane was injured.
d. Proximate cause between Famous’ negligent act and the infliction of injury.

2. What is the total amount of general damages that Jane would be entitled to?

a. $3,000
b. $9,000
c. $15,000
d. $17,000

Answer 1

Answer: 1. a. The existence of a no-fault law.

2. d. $17,000

Explanation:

1. For Jane to prove that Famous was indeed negligent, she definitely does not need the No - Fault law. This is a law that is mostly applicable to motor vehicle accidents and means that the individual parties are responsible for whatever injuries they sustain and the person who actually caused the accident is irrelevant. The main aim of this is to reduce the damages claims that one can be put on Insurance which increase insurance premiums.

If this law was to be applied here, Jane would be responsible for her own injuries and her suit would fail.

2. Jane missed 2 weeks of work and in each week she earns $5,000.

She also had medical expenses of $4,000 and estimated pain and suffering of $3,000.

The general damages therefore are the two weeks she missed plus the medical expenses and the pain and suffering.

= 5,000 ( 2) + 4,000 + 3,000

= 10,000 + 7,000

= $17,000