Booker v. Mejores Tacos

After purchasing land near a small shopping center in Macon, Georgia in April of 2006, Mejores Tacos, Inc. built a restaurant that it opened later that year. Since its opening nearly 17 years ago, Mejores Tacos has been a favorite for locals, serving the best Mexican cuisine in Macon. Every evening their tables are packed with hungry families and friends.Their business has had such success that they are in the process of opening a second location in Atlanta.

Mejores Tacos is also a big supporter of their local youth, hiring most of their servers and bussers from nearby high schools. Randy Silverstein was one such student whom Mejores Tacos hired for its Macon restaurant in August of 2022. At the time he was hired, Randy was 16 years old and had no prior experience as a server, but he was enthusiastic about the new job.The restaurant trained him with a supervisor for two days before allowing him to complete tasks on his own.

The most popular item on the Mejores Tacos menu is their Classic Tacos Combo. Two weeks after starting his new position at Mejores Tacos, Randy was carrying a Classic Tacos Combo to a hungry patron when he bumped into another server just outside the kitchen. The jostle from the collision in the dimly lit hallway sent the plate crashing to the floor, spilling food in front of the doors to the restrooms.

It was in the middle of the Friday night dinner rush, so Randy quickly picked up the plate, scooping up some of the tortillas and refried beans that had spilled, and went to the kitchen to place a new order of the tacos. He made a mental note to clean up the remaining food left on the floor. Unfortunately, the rush of the restaurant made Randy completely forget about the accident, and the spill stayed on the floor.

Approximately ten to fifteen minutes later, Ronda Booker, an elderly patron at the restaurant, was on her way to the ladies' room when she slipped on the spilled Classic Tacos Combo. She fell and broke her hip. Mejores Taco's immediately called 911 and an ambulance transported Ms. Booker to the nearest hospital, where she had surgery to stabilize her hip. A few days later her condition worsened; she suffered from a very high fever (104 degrees) and convulsions. Doctors determined that she had contracted MRSA (Methicillin-resistant Staphylococcus aureus), a serious and potentially fatal antibiotic-resistant staph infection.

Booker spent more than a week in the hospital (four days in the intensive care unit or ICU) before being discharged to Davis Rehab and Physical Therapy Center for an additional 8 weeks of inpatient care and physical therapy. She also continued to receive an aggressive treatment of intravenous (IV) antibiotic for her MRSA infection.

In early November, Ms. Booker finally returned to her home. Even with physical therapy, she now requires a walker to get around. After talking with her daughter, an attorney, Ronda filed a lawsuit in a Georgia state court, alleging that Mejores Tacos's negligence in failing to exercise ordinary care to keep the premises safe caused her injuries.Georgia's premises liability statute holds that landowners owe a different standard of care owed to invitees and licensees.

In O.C.G.A. 51-3-1 (2021), Georgia specifies the duty of an owner or occupier of land to invitees:

Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.

In O.C.G.A. 51-3-2 (2021), Georgia specifies the duty an owner of land owes to licensees:

1. A licensee is a person who:
   1. Is neither a customer, a servant, nor a trespasser;
   2. Does not stand in any contractual relation with the owner of the premises; and
   3. Is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification.
2. The owner of the premises is liable to a licensee only for willful or wanton injury.

Directions: Using the FIRAC model, evaluate Ronda's premises liability claim against Mejores Tacos. Make sure that you discuss whether Ronda Booker is an invitee or licensee, the duty the restaurant owed her, and whether the hazard caused by the spilled food was an "open and obvious" danger such that the Majores Tacos would not need to warn restaurant patrons.

Caroline Long and Susan Willey (2023)

Optional Extra-Credit

For the EC Option (worth up to 10 points): Assume these changed facts. Ronda Booker and her husband were driving from Atlanta to Savannah to visit their daughter and her husband and their three grandchildren. As they approached Macon, they realized that they needed to stop to get gas. While Mr. Booker was pumping gas, Ronda decided to use the restroom. Due to a broken pipe, the restroom at the gas station was closed, so Ronda walked across the parking to an adjacent shopping center hoping to find a restroom. Seeing Mejores Tacos, she assumed that it would have a restroom for customers.Entering the restaurant, she saw a sign indicating restrooms down a hallway toward the kitchen. She entered the dimly lit hallway and as she neared the women's restroom, slipped on food that had been spilled about 10 minutes earlier when Randy Silverstein, a new server, had collided with another server while carrying food to the dining room. Ms. Booker suffered the same injuries as in the main scenario.

Directions: Does the change in facts change your analysis of whether Ronda will succeed in a premises liability claim against Mejores Tacos? If so, how?Briefly note how the facts have changed, summarize and apply the applicable rule to the changed facts, and state your conclusion.Make sure that you explain whether Ronda Booker is an invitee or licensee, the duty the restaurant owed her, and whether the restaurant met that duty.

NOTE: If you opt to include EC option(s), your analysis shouldnotbe integrated into your main paper; instead, it should follow your conclusion in that paper and be clearly identified with the heading Extra-Credit.