The purpose of Writing I: You are the Judge and research project is to give you an opportunity to research, understand and apply the law to facts, and articulate a rational basis for your decision. For purposes of Writing I, you are a Circuit Court Judge for the Florida State 2nd Circuit Court (Trial Court Judge) assigned to the following civil action case. Complaint and Case Status: On January 7, 2019, Plaintiffs Selma and Patty Jones filed a civil action (Civil Case No.19-01) for an amount of $50,000 in damages for product liability claims and $1 million damages for negligent infliction of emotional distress.
They filed their civil complaint in the Florida State Circuit Court against Bart Samson and the bottling of root beer, by Bart Samson’s Barf Bottling LLC (Defendants). Bart Samson through Barf Bottling LLC, runs a root beer bottling facility in Plant City, Florida. Case discovery has been completed and the parties have stipulated to the following facts. Stipulated Facts: On December 29, 2018, during the televised Orange Bowl football game, between Alabama vs. HCC, Selma and Patty Jones (Sisters) ordered two unopened bottles of Barf root beer and two dozen of red-hot chicken wings at their local Tampa Sports Grill. After HCC scored their first points, Selma and Patty began drinking their root beer, but they soon noticed a foreign substance that to them looked like an embalmed small snake in their bottles. Immediately they became sick to their stomach and went to a Tampa area Hospital ER.
They were examined and tests were conducted on them and the fluids in the bottles. The Hospital tests were negative for any toxins, harmful bacteria or viruses in them or in the bottles. The medical exam concluded that the Sisters had ulcers from a preexisting condition that was aggravated by the ingestion of spicy chicken wings, but they did not suffer from any physical impact in digesting the soda. They were quickly released from the ER just in time to see HCC defeat (roll-over the tide) Alabama. Because of their repulsion in drinking the Barf root beer with what they believed to be a foreign substance they vowed never to drink soda again. They become sick to their stomach at the sight of any bottles of sodas. Barf Bottling, LLC obtained the bottles for testing by an expert toxicologist. The Toxicologist report concluded that the foreign substance was in fact a benign root beer yeast formation that rarely forms when a batch of root beer is over brewed and not sufficiently chilled. Based on the above facts and information, Bart Samson and Barf Bottling LLC have filed a Motion to Dismiss the Plaintiff’s (Jones) $1 million claim for negligent infliction of emotional distress damages. The Plaintiffs oppose the motion. As the Judge on this case, please issue your judicial decision in response to the Defendants Motion to Dismiss. Writing I:How To Write A Judicial Decision RUBRIC Please cite all of your legal sources in the Analysis section of your Writing I paper and/or use footnotes to denote their use (be very specific on your cites). The average grade for a Writing I paper will be at least 8-10 pages double-spaced 12 font. An exceptional paper will be in the range of 14 to 18 pages The Grade (15 possible points) will be based upon the following format, criteria and listed headings: • Was your Writing I paper organized as a Judicial Legal Decision with the following Headings and details?
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