Question
Can you prepare a defence in this scenario? the mock settlement conference with a thorough understanding of the client's case and of the purpose of
Can you prepare a defence in this scenario? the mock settlement conference with a thorough understanding of the client's case and of the purpose of a settlement conference.
- Review the case scenario in detail.
- Review the applicableRules of the Small Claims Court.
- Prepare the matter and the client for the settlement conference.
- Prepare a list of proposed witnesses to be handed in at the settlement conference.
Scenario
On February 24, 2019, Plaintiff Mary went shopping at Big Tree Mall located in Oakville, Ontario. Preferably, the plaintiff decided to look for the shoes she needed to buy at the large Easton Bay Limited (EBL) department store. while heading to the bargain sale shoe area Mary saw a heavily laden cart pushing down by two employees. later identified as Bill Blixton and John Roberts, both employees continued to push/pull the cart. Both bill and Jhon were talking and laughing, As the cart moved along, it created a moving fold in the carpet. Bill and John did not stop to let the plaintiff go through. Carelessly, The defendants did not realize that the cart created a fold in the carpet In the meanwhile, Plaintiff Mary tried to squeeze by the moving cart, not seeing the fold, Mary's foot bumped the moving fold in the carpet. Mary lost her counterbalance caused her to react quickly to avoid the impact. Unfortunately, her shoulder hit the end aisle display shelving, which induced a laceration in her shoulder. As Mary was falling, she tried to maneuver to break the fall. However, she broke her arm. under panic, her leg reacted, caused her foot to trap under the cart. Her foot was injured when the wheel clasped her foot at John's end of the cart. Instantly, Bill and John stopped the cart to extricate Mary's foot. The pain was so severe from the injury to her shoulder, arm and foot; They had to call store security and first aid, the fact the injury was clearly observed by first aid they had to call an ambulance and Mary were taken to the hospital. Once she arrived At the hospital, Mary was treated for her fractured arm. Her arm was put in a cast, and she had to have it supported by a sling. She suffered a large bruise on the right side of her forehead. The gash in her back and shoulder area described as a puncture wound with a serious scrape 10 cm long going to the top of her shoulder. Her foot was described as seriously bruised but with no broken bones. Her ankle was swollen and with a severe strain. She was provided with crutches and required to have an elastic bandage to bind her ankle in place. Bill Blixton is a full-time warehouse employee who is 39 years old and has worked at EBL for 20 years. John Roberts is a 17-year-old part-time employee who is in grade 11 in Metropolitan High School. He lives at home with his mother, Ann and Father George. Plaintiff Mary is experiencing Sleep Loss, Anxiety, Fear, Depression The Emotional distress has consequences and compromised Mary's lifestyle.
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