Legal Analysis/Analogical Reasoning

Scenario:MabelSmith, 80, was shopping at a supermarket with her daughter in Montgomery County, Maryland.She walked slowly, with her daughter holding her arm.While walking down an aisle, she and her daughter maneuvered around an employee who was restocking fruit from a stack of boxes placed in the middle of the aisle.Despite her attempts to walk around the boxes, Mrs. Smith's left foot caught on the corner of the bottom box, and she fell to the floor. She sprained her ankle, and her head hit the side of a fruit stand.Because she had hit her head and appeared disoriented, an ambulance was called to transport her to the hospital. She was diagnosed with a concussion and had bruises and a cut on her head and spent two days in the hospital.

Mrs. Smith wants to file a lawsuit in the Circuit Court for Montgomery County, Maryland, against the supermarket to recover costs for her medical expenses.

Mandatory Case:You have found a case that is mandatory authority for Mrs. Smith's case. The case isGarcia v. Home Stuff Stores. In theGarciacase, the court upheld the jury's award to Garcia for $220,000 in damages for medical expenses.Maria Garcia was shopping in Home Stuff Stores in Maryland when she fell on a wet and soapy floor. She sustaineda broken leg and a wrist injury requiring medical treatment and extensive physical therapy.Garcia sued the store for failing to warn of the wet floor and potential fall hazard.The store admitted "wet floor" warning signs were not placed at the time of the accident, and the wet area was not blocked off from customers.

1.How might Mrs. Smith support her request for damages from the store by comparingthe facts ofher case and the facts ofGarcia v. Home Stuff Stores?

2.How might the store oppose Mrs. Smith's request for damages by distinguishingthe facts of Mrs. Smith's case and the facts ofGarcia v. Home Stuff Stores?