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Lynette Freis went grocery shopping at the Wal - Mart Supercenter, and the cashier gave her one plastic bag for two 4 2 - ounce
Lynette Freis went grocery shopping at the WalMart Supercenter, and the cashier gave her one plastic bag for two ounce cans of La Choy Chow Mein and a pound bag of rice. On her way to the car, the bag broke and one of the cans ofLa Choy Chow Mein fell on her right foot, breaking her big toe and causing a deep cut that led to an infection. Despitemultiple rounds of antibiotics and two surgical procedures, Lynette's condition declined and the infection spread throughouther body, which led to hospitalizations and ultimately resulted in her death. Lynete's widowed husband sued WalMart. thedistributor of the plastic bags, and the bag's manufacturer, seeking more than $ in medical expenses, plus anunspecified amount for her pain and suffering and funeral expenses, as well as her husband's loss of consortium Latin forpartnership," association or "society. The suit claimed that WalMart was negligent in failing to properly train itsemployees to prevent them from overfiling grocery bags and knowing when to double bag a customer's groceries. Themost likely and most arguable point of debate between Freis and WalMart in this negligence suit willinvolve which element
of negligence?
Proximate cause.
Negligence per se
injury.
Breach of duty.
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