Question 1: Is Mrs. Smith likely to collect damages as result of her lawsuit?
Question 2: Which case provides the strongest support for Mrs. Smith: Anderson, Brown, or Collins?
Question 3: Thoroughly explain why the case that you chose in II.B best supports Mrs. Smith's case. Explain both the apparent strengths of the case you selected and the potential weaknesses of the cases you did not choose.
All 4 cases providing below:
Mrs: Smith's Case:
Mabel Smith, 80, was shopping at a supermarket with her daughter in Montgomery County, Maryland. She walked slowly, with her daughter holding her arm. While walking down an aisle, Mrs. Smith and her daughter maneuvered around a supermarket employee who was restocking fruit from a stack of boxes placed in the middle of the aisle. Despite her attempts to walk around the boxes, Mrs. Smith's left foot caught on the corner of the bottom, box and she fell to the floor, twisting her ankle and hitting the side of the fruit stand with her head. Because she appeared disoriented, an ambulance was called to transport Mrs. Smith to the hospital. At the hospital emergency department, Mrs. Smith was diagnosed with a concussion and a sprained ankle. Mrs. Smith was admitted to the hospital, and she remained there for two days.
Case A: Anderson v. Stop & Shop
Anderson v. Stop & Shop is a case where the Maryland Court of Special Appeals upheld the jury's award of damages. The Court of Special Appeals is an intermediate (middle level) appellate court in the Maryland state judicial system.
Anderson, a 42-year-old clerical worker, tripped and fell over a case of cola that had fallen off the shelf and was sitting in the aisle of an Annapolis, Maryland convenience store. She was taken by ambulance to a local emergency room where she was treated for a sprained right ankle, and a torn ligament in her right knee.
Anderson sued the convenience store claiming the case of cola was blocking the aisle and that the store was negligent in not moving it out of the way. The Defendant store claimed it had no knowledge that the case of cola had fallen off the shelf.
The jury found that the Defendant convenience store was liable for the Plaintiff's injuries and awarded the Plaintiff damages of $99,112.
Case B: Brown v. Atlantic Apothecary
Brown v. Atlantic Apothecary is a case where the Maryland Court of Appeals upheld the jury's award of damages. The Court of Appeals is the highest court in the Maryland state judicial system.
Brown, 37-year-old woman, was walking through a drug store in Baltimore, Maryland when she slipped and fell over a cosmetics display stand sitting at the end of an aisle. The display partially blocked the aisle through which customers would walk. Brown sustained knee, foot and shoulder injuries requiring surgery.
Brown sued the Apothecary for her injuries, arguing that the store negligently placed the display where customers walked. The jury found the Defendant store liable and awarded her damages of $152,000.
Case C: Collins v. Heartland Home Goods
Collins v. Heartland Home Goods is a case where the Pennsylvania Supreme Court upheld the jury's finding and the jury's award of damages. The Pennsylvania Supreme Court is the highest court in the Pennsylvania state judicial system.
Collins was shopping in a home goods store in York, Pennsylvania when he fell on a wet floor that had been recently mopped and left to air dry without any warning signs placed nearby. He sustained a broken leg and a wrist injury requiring medical treatment and physical therapy.
Collins sued the home goods store for failing to warn of the wet floor and potential fall hazard. The jury found the Defendant store liable and awarded Collins damages of $22,000.