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Riley was shopping at Evermart, a local grocery store one year ago. In accord with NY social distancing guidelines, Evermart has a policy of
Riley was shopping at Evermart, a local grocery store one year ago. In accord with NY social distancing guidelines, Evermart has a policy of limiting the number of shoppers permitted in the store at one time, and has an employee at the door limiting entry, checking for required masks and taking temperatures using a non-contact thermometer, has placed directional arrows on the aisles, and distance tapes at the check-out. Riley complies with all regulations and enters the store. He is attracted to a large display various fruits which has a large colorful sign over a counter offering packaged samples of smoothies. He notices that there is only one banana strawberry sample left. He rushes to get one before they are gone, slips on a yellow banana peel and sustains serious injuries to his back and leg. At the same time, Elaine, another shopper who was also rushing to get that same last smoothie, does not follow the directional arrow on the floor and pushes Lucille's cart into Lucille to get to the sample counter. Lucille screams at Elaine, "you touched my cart, you pushed me, you didn't keep six feet away!" Lucille is not injured. What possible torts, who are the possible tortfeasors, and what defenses might be raised.
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