As pedestrians exited the Wal-Mart pre-Christmas sale,Jason Davis,a Wal-Mart associate stood near the exit.Suddenly,and without warning,Davis turned around and collided with Mrs. Claus,an eighty-year-old woman. Mrs. Claus was knocked to the ground and fractured her hip. After hip-replacement surgery,she was left with a permanent physical impairment.Mrs. Claus filed suit in federal court against Davis and Wal-Mart alleging negligence.
What are the two strongest arguments for each side?