1. Giorgio's Grill is in Hollywood, Florida is a restaurant that becomes a nightclub after hours. At those times, traditionally, as the manager of Giorgio's knew, the staff and customers throw paper napkins into the air as music is played. The napkins landed on the floor but nobody picked them up. If they become too deep, customers pushed them aside. Because drinks were occasionally spilled sometimes the napkins were wet. One night, Jane Izquierdo went to Giorgio's to meet a friend. She had been at the club five or six times before and knew of the napkin throwing tradition. She had one drink and then went to the restroom. Upon her return, she slipped and fell, breaking her leg. When she fell she noticed that the floor was wet and that napkins were stuck on her shoes. She was carried out of the restaurant and was taken by ambulance where she had surgery the next day. After surgery, she relied on a wheelchair for three months and continued so suffer pain. She filed suit in a Florida state court against Gyroscope, Inc., the owner of Giorgio's, alleging negligence. The jury returned a verdict in favor of the defendant. Izquierdo appealed the decision to the state appellate court. Under Florida law, business owners had a duty of reasonable care to maintain the premises in a safe condition for invitees of the business.

1. Is the defendant liable, based on negligence, for Izquierdo's injury? Why?
2. Does it matter that Jane Izquierdo know of the napkin throwing tradition and went to the restaurant anyway?