Mandatory and Persuasive Authority

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.

You are tasked with reviewing case law and secondary sources.

Questions

A.In your research, you find a case decided by the Maine Supreme Judicial Court,Rogers v. FridayMarkets. The facts ofRogers v. FridayMarketsare similar to the facts in Mrs. Smith's case. The Maine Supreme Judicial Court held inRogers v. Friday Marketsthat the injured person in the case was entitled to the damages for medical expenses awarded by the jury.

1. IsRogers v. Friday Marketsmandatory authority or persuasive authority in Mrs. Smith's case?

2. Explain your answer.

B. In your research, you find a case decided by the Court of Special Appeals of Maryland,Starr v. Noah's Market. The facts ofStarr v. Noah's Market aresimilar to the facts in Mrs. Smith's case and the Court of Special Appeals held that the injured person in that case was entitled to the damages for medical expenses awarded by the jury.

1. IsStarr v. Noah's Marketmandatory authority or persuasive authority in Mrs. Smith's case?

2. Explain your answer.

C. In your research, you find an article in a well-respected academic law journal that surveys and summarizes the law in "slip and fall" cases similar to Mrs. Smith's case in all 50 states.The article concludes that the modern trend is for courts to hold businesses liable for plaintiffs' injuries when the plaintiff shows a reasonable probability thatthe business created a potentially dangerous condition and the business had knowledge of the potentially dangerous condition.

1. Would this summary of the law provide mandatory authority or persuasive authority for Mrs. Smith's case?

2. Explain your answer.