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Ms. Calzone owns an Italian restaurant. One day, a customer dining in Ms. Calzone’s restaurant gets up from his table to use the restroom, and slips and falls, injuring himself. The customer, Mr. Jones, files q lawsuit, and Ms. Calzone hires you to be her attorney.
In interviewing Ms. Calzone, she tells you the following facts: the customer who fell had spilled some of his soda onto the floor near his table about 5 minutes before his fall, and there was a broken tile near the customer’s table (very close to the spilled soda). Ms. Calzone isn’t sure which one, if any, caused Mr. Jones’s fall.
In a few paragraphs, please give Ms. Calzone your opinion on 1) whether or not she will be found negligent (please be sure to describe the the factors that go in to your decision and how each element of negligence could or could not be proven), and 2) what her strategy should be for defending the case (i.e. should she go to trial, try to settle through ADR, etc.).
Melvin, S. P., & Guerra-Pujol, F. E. (2020). The Legal Environment of Business: A Managerial Approach: Theory to Practice (4th ed.). McGraw-Hill Education