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LAW SIMULATION Lily Smith isthe Chief Administrative Officer (CAO) at Highlands Retirement Residence Corp. (HRRC). It has been a difficult year dealing with COVID and

LAW SIMULATION

Lily Smith isthe Chief Administrative Officer (CAO) at Highlands Retirement Residence Corp. ("HRRC"). It has been a difficult year dealing with COVID and several very ill residents. Things have really improved since the residents began receiving the vaccine. Lily says that she has a couple of legal questions that she would like your analysis on. They are not directly COVID related.

Lily explains that a retirement home is like a community. She goes on to say that Bill Osler operates a small coffee shop within the HRRC facility. Bill rents space from HRRC and operates the coffee shop as a sole proprietorship. Bill has hired several university students to work as part time employees/baristas.

Recently, Kathy Arnold, the daughter of one of the residents, was seated at one of the tables with her mother who had ordered some coffee for both of them. Kathy apparently suffers from several medical conditions. One of her medical conditions, referred to in the medical journals as "Sudden Scream Syndrome ("SSS"), makes Ms. Arnold susceptible to "sudden shaking and screaming" when in a sitting position. Another condition she has is called Flawlessderma. This condition results in Ms. Arnold having a "perfect complexion" - or what doctors refer to as the "Aniston Look". The problem is that the skin is very susceptible to permanent scarring and injury if struck. Doctors generally recommend that individuals with Flawlessderma wear several layers of clothes.

In any event, back to what may have happened. Apparently,Ms. Arnold finished the coffee her mother had ordered, and Ms. Arnold ordered a small Espresso coffee from Hana Webber, an employee of the coffee shop. Hana prepared the Espresso, all the while talking with a friend who had dropped by. When Hana brought the coffee over to Ms. Arnold's table, she accidentally spilled a small portion on Ms. Arnold. Preliminary statements from other customers in the coffee shop indicate that witnesses were generally not sure if Ms. Arnold had started shaking and screaming before the coffee was spilled or directly after. Inany event, some drops hit Ms. Arnold's face and arm and the injury at this point looks quite severe. Rumour has it that the waitress is going to be sued. Lily says, "We would like to know if Bill or HRRC could be liable as well. We would appreciate a very detailed legal analysis as we plan to discuss this at an upcoming board meeting."

REQUIRED: Write a detailed legal analysis of the matter that Lily described.

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