Question
Allied Stores, Inc., a corporation, owns a chain of convenience stores throughout Florida called Consumers Market. Recently, Smith entered one of the stores located in
Allied Stores, Inc., a corporation, owns a chain of convenience stores throughout Florida called "Consumers Market." Recently, Smith entered one of the stores located in Springfield, within Polk County, and fell on a wet spot of coffee after Kline, the store manager, dropped his steaming hot Styrofoam cup of coffee 15 minutes before Smith came in. He did not have a chance to clean up the wet spot because he was distracted by an irate customer, Joel Goodsen.
After Smith fell, Kline immediately went to his aid. However, when Smith asked Kline what had happened, Kline admitted that Smith had slipped on coffee he had spilled but not been able to clean up, at which point, in anger and pain, Smith punched Kline in the nose, causing him to fall against another customer, Foley, causing Foley to fall into a metal display rack, causing a large can to fall off the display rack onto the head of another customer, Bauer.
As a result of the fall, Smith injured his back resulting in medical expenses of $50,000 and lost wages of $10,000 as well as pain and suffering; Kline suffered a broken nose and neck injury resulting in medical expenses of $25,000; Foley was not injured;
Bauer suffered lacerations to the top of his head, resulting in medical expenses of $2000.
There is a Polk County ordinance, as follows: "Employees of businesses must be offered an area in the business establishment solely for the consumption of food and drinks and employees may not consume any foods or drinks in areas occupied by customers." Allied Stores, Inc., did not provide an area at any of its stores where its employees could consume food and beverages.
Based upon the above facts, answer the following questions:
1. What type of tort actions, if any, can be filed by Smith and Kline?
Against whom could they file such actions?
2. What legal concept may prevent Bauer from winning a tort action against Allied Stores, Inc.?
3. Can Joel Goodsen be sued by anyone? Explain.
4. Identify what, if any, criminal charges might be pursued by the Polk County State's Attorney Office against Smith. On whose behalf would such charges be brought?
5. Identify in which Florida court a legal action by Smith may be filed and state why.
6. State the legal term for a negligence lawsuit that Smith might be able to file on the basis of the Polk County ordinance? What argument would Smith make to support his claim?
7. For 1 point extra credit, indicate the movie in which Joel Goodsen was the main character and who played him.
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