Problem
Recently, a new "Superman" movie opened up at a movie theater. Just before the movie started, a crush of customers came in. In the pre-movie flurry of activity, one of the customers dropped her extra-large container of soda pop onto the floor.
A movie theater employee named Mark saw the customer drop her soda. Mark noticed that the remnants of the ice and soda were on the floor. As he went to grab a mop and a "wet floor" sign, another customer informed him that there were no paper towels in the restroom. Instead of attending to the cleanup of the wet floor, Mark decided to restock the paper towels first.
While Mark was restocking the towels, Sally entered the theater. At the moment she entered, Sally was busy texting a friend. She failed to notice the ice and soda on the floor, stepped in it, and slipped and fell, fracturing her ankle. The soda on the floor was Cherry Coke and it was readily apparent to anyone who passed by.
You are an associate at a large personal injury law firm. Sally has retained your services. Your senior partner has asked you to draft a memorandum of law discussing the cause of action you will pursue for Sally against the movie theater, including any limitations or defenses that the theater will raise.