Question
Using the full case opinion of Wade v. Wal-Mart Stores, Inc. (found in the Discussion Board Assignments 1-4 folder in Course Content in Blackboard), set
Using the full case opinion of Wade v. Wal-Mart Stores, Inc. (found in the Discussion Board Assignments 1-4 folder in Course Content in Blackboard), set forth in your own words a summary of the court's ruling based on the facts and each of the legal issues in the case, which you have previously summarized. You should write a separate paragraph (at least) for the court's analysis of each of the separate issues that were identified in Discussion Board #2. The court's ruling can be found on page 5, paragraphs 21-23, and page 8, paragraphs 38-44 of the opinion. However, you should re-read the entire opinion before beginning this assignment. Do not copy the language of the case opinion. Use the full court opinion, not the abridged opinion in the book. There are the four main issues.
3. Did the Open and Obvious Doctrine apply as a matter of law because the pothole was an "open and obvious" condition in the objective knowledge of a reasonable person so that Wal-Mart was not liable for Wade's injuries, or was there a question of material fact as to whether the pothole was "open and obvious"?
4. Did the Distraction Exception to the Open and Obvious Doctrine apply to the undisputed facts of this case?
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