ipl-logo

Brooke V. Winn-Dixie Store Case Study

788 Words4 Pages

SUMMARY JUDGMENT UPHELD WHEN PLAINTIFF OBSERVED A DANGEROUS CONDITION, BUT FAILED TO STEP AROUND AN EASILY AVOIDABLE OBSTACLE AND FELL. Brooke v. Winn-Dixie Stores, 42 Fla. L. Weekly D752 (Fla. 1st DCA April 4, 2017): Plaintiff went to Winn-Dixie to make a purchase and get empty boxes. During his visit he made four trips in and out of the store. During that time, a shipment of beer was being delivered. The beer was being stacked approximately five feet high on a pallet between the entrance and the exit doors. (Clark Fountain, 2017) On the plaintiff’s third trip exiting the store, he saw the empty pallet, but still tripped and fell over it, suffering injuries as a result. He then sued Winn-Dixie for failing to warn of the dangerous condition …show more content…

Business owners receive shipments of products everyday which have to be stored somewhere before final placement, and when a customer sees the placement but trips and falls, the invitee has violated his own duty to exercise reasonable care for his own safety. Also, because the pallet was not a foreign transitory substance, the analysis is different. (Clark Fountain, 2017) Issue(s) – Was the defendant negligent in taking care and maintaining the walkway in order to accommodate a reasonable and safe condition for the use that it is intended? Rules - Tort Law, Negligence. A land owner has two distinct duties to business invitees: (1) the duty to warn of a latent dangerous condition and (2) the duty to maintain premises in a reasonably safe condition. (Clark Fountain, 2017) Analysis – It appears that the location of the pallets was clear and obvious. The pallets did not possess a risk that would be inherently dangerous to an individual who is using the walkway. This condition appeared to be common and was known to be innocuous in everyday life that it did not have the ability to impose liability on the land and business owner. The plaintiff breached his own duty to assure his safety by not maintaining his direction of walking which does not pose a liability to the defendant. In this case, the plaintiff has been negligent to care for his own

Show More
Related
500 Words | 2 Pages

All witnesses for the defence stated that the appellant’s skates did not leave the ice. In regards to skating past the opposing bench, the appellant testified that he only meant that injuries happen in sports, hence why we brought up the tripping incident

Read More
517 Words | 3 Pages

While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny

Read More
1045 Words | 5 Pages

Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.

Read More
465 Words | 2 Pages

Campers Discount Warehouse: The Discount Warehouse duty to act with reasonable care was breached because they cooking stoves where not placed properly, which resulted in it falling on Laura. If the Discount Warehouse were more cautious on how they stack there merchandise Laura would have suffered no harm. Since the Warehouse was negligent, it resulted in Laura having a loss of consortium, meaning physical intimacy, loss of enjoyment of life, wage/income. Also Laura has the costs of medical expenses, living with the disability, and mental distress. Laura v. Hospital: I would advise Laura to sue the hospital for negligence, and damages since she lost her valuable engagement gifts (necklace and ring).

Read More
955 Words | 4 Pages

Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.

Read More
1454 Words | 6 Pages

Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.

Read More
969 Words | 4 Pages

Date: April 15, 2015 Student Name: Doresa Henderson Assignment: Chapter 12 Thesis paragraph and Discussion Section Outline TO: William Moffitt, Attorney at Law RE: Eric Brown v. Ski Lodge Resort, David Doolittle, et al. ISSUE PRESENTED: Whether Eric Brown can argue that other skiers/snowboarders was injured on defendant’s premises. Ski Lodge Resort, its staff, members intentionally left the barrel behind, failed to caution or remove before opening the ski/snowboarding to public.

Read More
239 Words | 1 Pages

The court granted Nestles request for transfer of the action to the United States District Court for the District of South Carolina. Reason : The court pointed out that the plaintiff resides in South Carolina, her daughters injuries occurred there and her medical treatment was there and continues to be there therefore making South Carolina the appropriate place for the litigation to proceed. A court should not be required to expend resources on cases that have little relationship to the district

Read More
568 Words | 3 Pages

In the Case of Graham V. Conner, Graham was an extreme diabetic. HE was starting to feel some of the onset of his insulin shot so he called one of his friends named Berry and asked him for a ride to the nearest convenience store. Graham was hoping to just go in and buy some orange juice. He has believed that some of the sugar in the orange juice would help balance his sugar levels. After Graham and his friend Berry had arrived at the convenience store, Graham had gotten out of the car and “hastily” went in.

Read More
1280 Words | 6 Pages

State Bank of Lombard, 125 Ill.2d 203, 215-16, 126 Ill.Dec. 519, 531 N.E.2d 1358 (1988) (citing Restatement (Second) of Torts § 314 (1965)), in addressing the duty of care element of negligence by a landowner. The court found no duty of care exists to protect others from criminal activities by third persons unless a “special relationship” exists between the parties. Zeroing in on the special relationship language, the court found that even if a special relationship exists between parties, in Illinois a landowner’s liability extends only to “physical harm” caused by acts of third persons. Marshall, 222 Ill.2d at 437, 305 Ill.Dec. 897, 856 N.E.2d 1048 (citing Restatement (Second) of Torts § 344 (1965)). The court further distinguishes special relationship as business invitor and invitee.

Read More
1138 Words | 5 Pages

Jennifer Lawson’s employment was terminated from Howell Jewelry World, the following information has been collected. The employment agreement Ms. Lawson signed from Howell Jewelry World is brought in to question by Ms. Lawson claiming she was unlawfully terminated. She states that Howell wanted to gain access to the patented procedure for creating “Ever-Gold” that was the main product of her former employer Greene’s Jewelry. The contract terms were very clear and concise when Ms. Lawson was hired at Howell’s.

Read More
837 Words | 4 Pages

The court precluded the defendant from liability because the wire she tripped on was open and obvious. They held that the open and obvious doctrine applies when a defendant failed to warn about a dangerous condition and also when the defendant breached the duty in allowing the condition to exist. Id. at 495, 595 N.W. 2d at

Read More
1271 Words | 6 Pages

The reasonable man-standard is used in law to determine negligence. “A jury generally decides whether a defendant has acted as a reasonable person would have acted. In making this decision, the jury generally considers the defendant’s conduct in light of what the defendant actually knows, has experienced, or has perceived” (“Standards”). In this case, the jury decided that the defendant knew about the problem but failed to act as a reasonable man, causing Hardy’s injury. GM did not intend to purposely cause Hardy harm but the company was held liable for neglecting the door latch recall.

Read More
760 Words | 4 Pages

1. In the broader context (not specific to Dollar General), what is KKR’s investment strategy? What are the challenges KKR will encounter to make its investment in Dollar General successful? How could KKR add value to Dollar General?

Read More
719 Words | 3 Pages

A civil lawsuit is normally filed against those who are negligent in order to obtain monetary compensation for damages. In the movie, the two corporations are found negligent in their actions of disposing of waste into the town of Woburn’s water supply. As a result, Attorney Jan Schlichtmann filed a suit against the two corporations and used geological evidence, experts, and eyewitnesses to prove the involvement of the two corporations. According to the textbook, Elements of negligence are as follows: abiding by standard practice, the duty of care, breaching the duty of care, casual connection, and actual harm. The two corporations were supposed to abide by standard practice, however, by owning plants alongside the contaminated water supply, they both breached their duty to properly dispose of waste.

Read More

More about Brooke V. Winn-Dixie Store Case Study

Open Document