A Frivolous Law suit

Table of contents:

Table of contents: 2

Introduction 3

1.Facts of the Case 3

2. Issues in Hand 5

3. Law Applicable 6

4. Judgments 6

5. Was appropriate decision made? 7

6. Ethical issues 8

7. Frivolous or not? 10

8. Recommendations 11

Conclusion 13

References 14
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Introduction

A frivolous law suit is referred to the ones that are filed by a party or an attorney who is aware that the case lacks merits because of an unavailable supporting legal documents or factual basis for the claims made.
Such suits are considered to be of great strain to judiciary, it can cause strain of bare resources such as time, money, judicial resources etc.

In certain cases the nature of the case may be known only after the details of the case are heard and by then would have consumed considerable resources.

We shall attempt to study about two such cases and discuss their merits and demerits.

1. Facts of the Case

Stella Liebeck Vs McDonalds â€“ Stella Liebeck a 79 year old woman ordered a 49 cent cup of coffee from the drive through window of a local McDonalds located at 5001 Gibson Boulevard Southeast on February 27th 1992.

She was seated on the passengerâ€™s seat of a car owned by her grandson who did not have cup holder and hence she held coffee cup between her knees and pulled the far side of the lid so that she could add the cream and sugar to it.

In the process the entire coffee spilled on her lap, as she was wearing cotton sweatpants they absorbed the coffee and held it against her skin in process scalding her thighs, buttocks and groin.
She reportedly suffered from third degree burns on six percent of her skin and lesser degree burns on over sixteen percent.

As a 79 year old lady she suffered quite a bit that was attributed to the medical conditions caused by the burns she suffered due to the spillage of coffee.
She had to be hospitalized for eight days and had to undergo skin grafting and also was under the care of her daughter for three weeks.

(Cain, 2007) Stella Liebeck was hospitalized and remained so for eight days, during this period she lost 20 pounds reducing her body weight to 83 pounds.
Liebeck suffered permanent disfigurement and partial disability for nearly two years.

During the course of the trial it came to light that during the period 1982 to 1992 the company had received more than 700 reports of people suffering from burns by consuming McDonaldâ€™s coffee due to varying degrees of severity and certain of those claims were settled by the company too.

The company officials though countered that this number was not good enough to qualify a change of practices in the temperature of coffee being served.
The company officials also further argued that any food stuff served hotter than 130 Fahrenheit would constitute a burn hazard.

Roy L Pearson Jr Vs Soo Chung et al â€“ On May 3 2005, Roy Pearson allegedly left a pair of gray colored pants that could be distinguished by a unique trio of belt loops on both sides of the front waistband to a dry cleaning establishment named Custom Cleaners.

However a

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