Question
Scenario: MabelSmith, 80, was shopping at a supermarket with her daughter in Houston, Texas.She walked slowly, with her daughter holding her arm.While walking down an
Scenario:MabelSmith, 80, was shopping at a supermarket with her daughter in Houston, Texas.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.She was admitted to the hospital for two days.
Assume Mrs. Smith wants to file a lawsuit in Houston against the supermarket to recover costs for her medical expenses.
You are tasked with analyzing Mabel Smith's case and the possibility of her recovering damages. Your legal research has yielded three appellate cases from the Supreme Court of Texas, represented by Example Case A, Example Case B, and Example Case C below.
Part I: Analysis for Each Example Case
Note:While you are not required to present your answers in the IRAC format, you must provide an analysis/explanation to support your conclusions.
A. Example Case A Summary:A 42-year-old clerical worker tripped and fell over a case of cola that had fallen off the shelf and was sitting in the aisle of an El Paso, Texas convenience store.She was taken by ambulance to a local emergency room where she was treated fora sprained right ankle, and a torn ligament in her right knee. She sued the convenience store claiming the case of cola was blocking the aisle and that the store was negligent in not moving it out of the way of customers' path.The Defendant store claimed it had no knowledge that the case of cola had fallen off the shelf.The jury found that the Defendant convenience store was liable for the Plaintiff's injuries and awarded the Plaintiff damages of $99,112. The Defendant appealed. The Supreme Court of Texas upheld the jury's finding and the jury's award of damages. "Example A" is the appellate case from the Supreme Court of Texas.
1. Analyze and explain whether this Example Case would serve to support Mrs. Smith's case (scenario) applying the doctrines ofstare decisisand primary authority.
2. Explain how this Example Case could support Mrs. Smith's case.
B.Example Case B Summary:A 37-year-old woman was walking through a drug store in San Antonio, Texas when she slipped and fell over a cosmetics display stand sitting at the end of an aisle. The display partially blocked the aisle through which customers would walk. The woman sustained knee, foot and shoulder injuries requiring surgery.She sued the drug store for her injuries. The jury found the Defendant store liable and awarded her damages of $152,000. The Defendant appealed. The Supreme Court of Texas upheld the jury's finding and the jury's award of damages. "Example B" is the case from the Supreme Court of Texas.
1. Analyze and explain whether this Example Case would serve to support Mrs. Smith's case (scenario) applying the doctrines ofstare decisisand primary authority.
2. Explain how this Example Case could support Mrs. Smith's case.
C.Example Case C Summary:Jon was shopping in a home goods store in Austin, Texas when he fell on a wet and soapy floor. He sustaineda broken leg and a wrist injury requiring medical treatment and physical therapy.Jon sued the home goods store for failing to warn of the wet floor and potential fall hazard. The Defendant 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.In a jury trial, the jury found the Defendant store liable and awarded Jon damages of $22,000. The Defendant appealed. The Supreme Court of Texas upheld the jury's finding and the jury's award of damages. "Example C" is the case from the Supreme Court of Texas.
1. Analyze and explain whether this Example Case would serve to support Mrs. Smith's case (scenario) applying the doctrines ofstare decisisand primary authority.
2. Explain how this Example Case could support Mrs. Smith's case.
Part II: Conclusion/Recommendation
- What is your conclusion/recommendation about the outcome of Mrs. Smith's case (scenario) and whether she is likely to collect damages.
- Identify which of the Example Cases above provides the strongest support for your conclusion/recommendation.
- Explain why your chosen Example Case Summary best supports your conclusion/recommendation.
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