Case Study Instructions and Requirements:

** You are assigned to represent the defendant Bethlehem Lodge **

First, please read through the following: (1) case background and relevant facts, and (2) read the closing statement presented by the attorneys for the plaintiff in this matter.

Second, Please prepare and write a closing statement of 500 1,000 words to defend Bethlehem Lodge and shield them from liability for the injuries to Alex.

When asserting your legal arguments, be sure to include the following legal elements and theories and apply them to the case:

- Agency

- Independent Contractor

- Vicarious Liability

- Respondeat Superior

- Scope of Employment or agency

- Negligent hiring

- Comparative negligence (Case is located in New York State)

Case Background and Relevant Facts:

Alex is a guest in the Bethlehem Lodge, a small family-owned hotel in the Adirondacks. The summer season is so busy that the Glenmont family, the owners of the hotel, can no longer keep up with all the necessary housekeeping. For the first time, they feel the need to hire help. They contact Beckys Cleaning Service, a local franchise of a nationwide chain that supplies domestic help, and enter into a contract for Beckys to supply a maid every day for the month of August. Bethlehem Lodge will pay Beckys directly, and Beckys will pay the maid. Knowing how picky the Glenmont family is, Beckys chooses one of their best and most experienced workers, Monica, to go to the Bethlehem Lodge. Monica has worked for Beckys for 10 years and has undergone extensive Beckyificationshe took a course in how to clean a bathroom that included instructions that on a nice day, the most efficient and time effective way (since on most Beckys projects the workers get paid by the hour) to dry a floor was to open a window and let the floor air dry.

The first day Monica shows up at the Bethlehem Lodge, Mrs. Glenmont gives her the tourshe gives Monica specific instructions regarding what rooms to clean, when to clean them and how to clean them. Mrs. Glenmont is particularly fussy about the bathroomsshe tells Monica that she wants the bathroom floor scrubbed and then dried with a towel. Lastly, she gives Monica a Bethlehem Lodge shirt to wear over her Beckys shirtthe shirt is a regular T-shirt that has the words Bethlehem LodgeStaff on the front.

Monica then goes on her appointed rounds, and her first room is that of Alex. She knocks on the door, Alex greets her, and then he leaves. Monica cleans the room according to Mrs. Glenmonts instructions, except for the bathroom. Instead of getting down to dry the floor, Monica mops it semi-dry, opens a window, turns out the light and leaves the room. Alex returns from breakfast, and, you guessed it, slips on the damp bathroom floor and breaks his leg.

As is the norm in the year 2022, Alex sues everyoneMonica individually, Beckys, and the Bethlehem Lodge under a theory of negligence. The trial is proceeding, and everyone is claiming and cross-claiming and counterclaiming.

Closing Statement & Argument from Attorney for Plaintiff (Alex)

Representing the plaintiff, Alex, we hereby declare the lawsuit against Bethlehem Lodge, Beckys Cleaning Service, and Monica in regards to the injury caused by the negligence.

The incident includes all of the following elements that defines negligence.

1. Duty to exercise reasonable care. The housekeeper has a general duty to make sure the room is safe for the guests.

2. Breach of Duty Monica did not dry the floor completely and make the environment unsafe.

3. Causation If the floor is not wet, Alex would not slip and injure.

4. Damages Alex broke his leg.

Bethlehem Lodge is responsible for the negligence because of the following points:

Mrs. Glenmont, who is the owner of Bethlehem Lodge, told Monica, a third party employee, to wear the uniform. By telling Monica to wear the t-shirt, customers assume that Monica has the full authority of a Bethlehem Lodge cleaner through apparent authority. It leads the guests staying in the lodge to assume she is the employee of Bethlehem Lodge, and therefore 100% sure the action she does are all up to the standards of Bethlehem Lodge. If the guests know Monica is not their employee, they would have been more careful about the work being performed.

Beckys Cleaning Service is responsible for the negligence because of the following points:

1. The action of their employee caused the injury. The company is responsible for any action caused by their employee while performing the job.

2. The company should have taught Monica that she needs to adjust cleaning method based on situation. In their guideline, opening the window to let it dry is the best solution. However, it is not in this case, and caused the injury because Monica followed what she was taught.

Monica is responsible for the negligence because of the following points:

1. She was told by the owner of the lodge to wipe the floor dry, but she did not listen. The owner knows the environment the best, and she should follow the owners direction.

2. She knows the floor is still wet, but she did not take any action to alert Alex or prevent him from slipping. She did not tell him personally nor put up any sign that would have contained a warning.

Alex is NOT responsible for the accident because of the following points:

1. There was not any wet floor sign put up. As a guest, when there is not a warning sign, it could be understood as the room is completely ready and safe to use. He should not need to double check the room environment.

2. He knows that Monica is going into his room to perform the cleaning service. Defendants cannot claim that he did not know the cleaning act has been performed.

REQUIREMENTS:

You are assigned to represent the defendant Bethlehem Lodge. Please prepare and write a closing statement of 500-1,000 words to defend Bethlehem Lodge and shield them from liability for the injuries to Alex.

When asserting your legal arguments, be sure to include the following legal elements and theories and apply them to the case:

- Agency

- Independent Contractor

- Vicarious Liability

- Respondeat Superior

- Scope of Employment or agency

- Negligent hiring

- Comparative negligence (Case is in New York State)

This needs to be a well thought-out and organized argument that would lead a jury to find Bethlehem Lodge not liable for the injuries allegedly sustained by the plaintiff.