Reflect

Alex is a guest in the Bethlehem Lodge, a small family-owned hotel in the Adirondacks. The summer season is so busy that the Glenmont family, the owners of the hotel, can no longer keep up with all the necessary housekeeping. For the first time, they feel the need to hire help. They contact Becky's Cleaning Service, a local franchise of a nationwide chain that supplies domestic help, and enter into a contract for Becky's to supply a maid every day for the month of August. Bethlehem Lodge will pay Becky directly, and Becky will pay the maid. Knowing how picky the Glenmont family is, Becky chooses one of their best and most experienced workers, Monica, to go to the Bethlehem Lodge. Monica has worked for Becky's for 10 years and has undergone extensive "Beckyification"she took a course in how to clean a bathroom that included instructions that on a nice day, the most efficient and time-effective way (since on most Becky's projects the workers get paid by the hour) to dry a floor was to open a window and let the floor air dry.

The first day Monica shows up at the Bethlehem Lodge, Mrs. Glenmont gives her the tourshe gives Monica specific instructions regarding what rooms to clean, when to clean them, and how to clean them. Mrs. Glenmont is particularly fussy about the bathroomsshe tells Monica that she wants the bathroom floor scrubbed and then dried with a towel. Lastly, she gives Monica a "Bethlehem Lodge" shirt to wear over her Becky's shirtthe shirt is a regular T-shirt that has the words "Bethlehem LodgeStaff" on the front.

Monica then goes on her appointed rounds, and her first room is that of Alex. She knocks on the door, Alex greets her, and then he leaves. Monica cleans the room according to Mrs. Glenmont's instructions, except for the bathroom. Instead of getting down to dry the floor, Monica mops it semi-dried, opens a window, turns out the light, and leaves the room. Alex returns from breakfast, and you guessed it, slips on the damp bathroom floor and breaks his leg.

As is the norm in the year 2006, Alex sues everyoneMonica individually, Becky, and the Bethlehem Lodge under a theory of negligence. The trial is proceeding, and everyone is claiming and crossclaiming, and counterclaiming.

Questions

1. If you represent Alex, the plaintiff, do you think Monica acted incorrectly in this case? Was she in breach of that duty and did she cause the plaintiff's injury as a result? What kind of law or evidence would be useful to the attorney in this case?

2. As a defendant attorney for Monica, do you consider her work behavior inappropriate? Regardless of whether she has worked at Becky's for ten years or has proper training, does it matter? How can she prove her case to win?

3. Monica wore the Bethlehem Lodge uniform to clean the room; does it symbolize that she represents Bethlehem Lodge? Should Alex sue Monica or Bethlehem Lodge and Becky Cleaning Service?

4. How would you evaluate this case and come up with the right verdict if you were on the jury? In your opinion, should Alex win this case and receive compensation for his injuries?