Question
Scenario A: You have found a case that is mandatory authority for Mrs. Smith's case. The case is Garcia v. Home Stuff Stores . In
Scenario A: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 Store 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. Based upon the facts of Mrs. Smith's case and the facts ofGarcia v. Home Stuff Stores, what argument can Mrs. Smith make underGarcia v. Home Stuff Store?
2. Based upon the facts of Mrs. Smith's case and the facts ofGarcia v. Home Stuff Stores, what logical counter-argument could the store make to try to refute Mrs. Smith's argument?
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