Graded Project 2 Torts

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TO: Steve Stinson Esquire FROM: Paralegal DATE: March 18, 2015 RE: Smith v. Growler's Groceries This memorandum summarizes my interview and findings with Ms. Jones and summarizes Ms. Jones' credibility as a witness. The memorandum also includes the duty of care owed by the Growler's groceries store to it's customers. Additionally, included are facts that show that Growler's grocery store did not comply with the applicable standard of care. INTERVIEW OF ROBIN JONES I spoke with Ms. Jones at her home on Friday, March 1, 2015 at 9:30 AM. She is a Caucasian woman of petite height and build. She was clothed in her jogging outfit having just returned from her morning run. Ms. Jones demeanor was grim and long-faced as if she…show more content…
Ms. Jones stated the the fall of Ms. Smith was “not pretty” as her legs slipped from under her, causing her to lose control of her shopping cart and hit the floor hard. Ms. Jones is confident of what she saw and what she said to Ms. Smith prior to her fall. Ms. Jones admitted being apprehensive towards the interview because she did not want to any harm brought onto her employer. Ms. Jones came across as truthful and honest during her interview. ISSUES Did Growler's grocery store breach it's duty of care to it's customers when they did not attend to the spill quickly enough? And did they breach there duty of care by allowing objects to fall from there shelves? Contributory Negligence? Did the plaintiff Ms. Smith contribute to her own harm when she did not hear or heed the warning of store employee Robin Jones? RULE Pursuant to case law, a duty of care is an obligation to conform to a standard of conduct prescribed by law. It is a duty imposed by law from which an obligation arises to act with due care, meaning reasonably, failure to do so is breach of duty of care. Pursuant to Invitee Rule a person who enters the land of another, with permission for the benefit of the landholder, for the mutual benefit of them both, or for the purposes for which the property is held open to the public, such as a customer in a store or restaurant, or a client to a business. The landholder owes the greatest duty of care

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