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TO: Supervising AttorneyFROM: Nicole ForsytheRE: Green v. CostcoDATE: 10/15/2017QUESTIONS PRESENTED1. Under Maryland law, was there proof of a dangerous condition?2. Under Maryland law, was there proof of constructive knowledge of a dangerous condition?3. Under Maryland law, is there evidence of a breach of the duty of care a business owner has tokeep invitees safe on the business premises?SHORT ANSWER1. No. The Plaintiff failed to prove that there was a dangerous condition.2. No. There is no evidence that Costco knew the sign had fallen over, nor is there evidence that the sign had lain flat on the floor for a long enough time to constitute constructive notice.3. No. In failing to prove a dangerous condition existed, the Plaintiff failed to prove that the Defendant breached the duty of reasonable care owed to business invitees.STATEMENT OF FACTSRachel Green (the Plaintiff) alleges she sustained severe bodily harm as a result of tripping on mop water while shopping in the Brooklyn Park, Maryland Costco (the Defendant). The Plaintiff claims that her fall resulted from the mop water and that the yellow caution sign warning customers of a wet floor had fallen and was not visible. Thus, the Plaintiff alleges that the store did not have proper signage to warn of the hazardous condition. The Plaintiff filed suit against the Defendant in the Circuit Court of Maryland for Baltimore City, stating a negligence claim. The Plaintiff’s claim asserts that the Defendant 1
breached its duty of care to her by: 1) “failing to fix a hazardous condition within a reasonable time;” 2) “failing to adequately warn plaintiff of a hazardous condition;” and 3) “otherwise failing to exercise reasonable and due care under the circumstances.” The Defendant asserts that it is entitled to summary judgment because the undisputed facts are legally insufficient to establish a prima facie case of negligence. DISCUSSIONThe Defendant plans to file a motion for summary judgement based on the undisputed facts in the present case. The Court of Appeals of Maryland has many times relied on precedence when looking at what elements the Plaintiff must prove to establish a prima facie case of negligence in order to deny a Defendant’s motion for judgement. In discussing slip and fall cases, the Maryland Courts have also relied upon the definition of the duty of care a businessowner has to its customers as defined in the Maryland Law Encyclopedia section on Negligence. It is important to first define the types of customers, as well as define the duty of care owed.