The next night, the theater was getting ready for the seven o'clock show, when a patron spilled his super giant coke on the floor lighting that outlines the two aisles in the theater. This shorted out the floor lights for the entire auditorium. The unknown patron did not report this and simply moved to another seat as the movie started.

A state statute requires that "All movie theaters illuminate the auditorium aisles with one candle unit of light per linear foot. This will allow patrons to leave safely in case of an emergency."

Without the floor lighting, the theater was out of compliance with the statute.

Ed, a regular patron arrived at the theater just as the seven o'clock movie was starting. He stopped and bought a large Dr. Pepper and a jumbo buttered popcorn.

By the time Ed entered the auditorium, the house lights were out and the movie was playing. The auditorium was about 90% full. Although the theater auditorium was dark, Ed thought he saw an empty aisle seat, eight rows down, based upon the illumination reflecting off the movie screen. This had been the seat where the super giant coke had been spilled. Ed could not see the puddle of coke by the seat. As Ed stepped from the aisle carpet onto the concrete floor by the seat, his foot slipped in the puddle of coke and he broke his ankle.

As Ed lost his balance, the Dr. Pepper and popcorn flew out of his hand and landed on the head of Mrs. Witkins. Mrs. Witkins is allergic to Dr. Pepper and developed welts all over her head and neck, as an allergic reaction to the spill.

Prepare a legal memorandum establishing that the theater was negligent to Ed and Mrs. Witkins. Be sure to follow the guidelines for the preparation of a memorandum.