Question
After Kelly fell, the theater posted an employee in front of the restroom and would not let any other patron use the restroom. When the
After Kelly fell, the theater posted an employee in front of the restroom and would not let any other patron use the restroom. When the theater closed for the night, the theater manager placed towels under the sink to absorb as much water as possible and a sign that said, "Do not enter. Wet floor."
That night, Cindy, Sandy and Teri broke into the movie theater after it had closed. Teri had worked for the theater for six months and had often used her keys to open the back door after closing to party with friends. Teri had several convictions for burglary on her record, but the theater hadn't done a background check.
The theater was completely dark. Even the exit signs that were required by statute to stay illuminated at all times were off. (The theater had taken the bulbs out of the signs because movie patrons complained that the signs were distracting.) Teri said that she knew where the theater kept some flashlights and to follow her. As the three girls fumbled their way through the theater toward the snack bar, Cindy tripped over the cord to a vacuum that Paul, a member of the cleaning crew, had left plugged in with the cord running across the aisle. Paul is an independent contractor hired by the theater to clean the theater. He had quit early to take a nap up in the manager's office. Cindy fell head first into a row of seats, breaking her nose. As blood poured from Cindy's face, Sandy ran to the restroom to get some paper towels. In the darkness, Sandy didn't see the sign and slipped on the wet floor, breaking her arm. Sandy cries out in pain, which wakes Paul up. Paul turns on the theater lights and goes to investigate the screams. By the time he gets to the restroom, Sandy is gone. Paul then hears the door slam as the girls run out of the theater. Sandy, Cindy and Teri left the theater. Paul not wanting to get in trouble for sleeping on the job decided to say nothing.
Cindy and Sandy want to sue the theater.
I need to draft a legal memorandum on what theory, if any, can Candy and Sandy recover from movie theater. I know the format for the memo but I am trying to discern if there are any theories under negligence they could sue.
Thank you.
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