Question
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
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, Mrs. Smith and her daughter maneuvered around a supermarket 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, twisting her ankle and hitting the side of the fruit stand with her head. Because she appeared disoriented, an ambulance was called to transport Mrs. Smith to the hospital. At the hospital emergency department, Mrs. Smith was diagnosed with a concussion and a sprained ankle. Mrs. Smith was admitted to the hospital, and she remained there for two days.
Mrs. Smith wants to file a lawsuit against the supermarket in the Circuit Court for Montgomery County Maryland to recover costs for her medical expenses. You are tasked with analyzing whether Mrs. Smith is likely to recover damages. You have located a promising case, which is summarized below.
Case: Brown v. Atlantic Apothecary
Brown v. Atlantic Apothecaryis a case where the Maryland Court of Appeals upheld the jury's award of damages. The Court of Appeals is the highest court in the Maryland state judicial system.
Brown, 37-year-old woman, was walking through a drug store in Baltimore, Maryland 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. Brown sustained knee, foot and shoulder injuries requiring surgery.
Brown sued the Apothecary for her injuries, arguing that the store negligently placed the display where customers walked. The jury found the Defendant store liable and awarded her damages of $152,000.
1. IsBrown v. Atlantic Apothecarymandatory authority in the Circuit Court for Montgomery County, Maryland? Explain why or why not.
2. Using analogical reasoning, explain how the facts of theBrownopinion could be used to support Mrs. Smith's case.
3.Is Ms. Smith likely to collect damages from her lawsuit?
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