CH Torts 612 Assignment # 5.docx - Torts 612 Assignment 5...

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Torts 612, Assignment # 5 MEMORANDUM To: Law Firm of Smith and Jones From: Research Associate Re: Kelly v. Movie Theater Cindy and Sandy v. Movie Theatre Ed & Mrs. Witkins V. Theater Jurisdiction: California Courts Question presented A. Kelly v. Movie Theater Can Kelly recover if she files a lawsuit against the movie theater? B. Cindy and Sandy v. Movie Theatre Cindy and Sandy were trespassers if they want to sue the movie theater can Cindy and Sandy recover? Can the movie theater be held liable for Cindy and Sandy’s injuries? What about Paul and Teri’s presence during the incident? C. Ed & Mrs. Witkins V. Theater Ed broke his ankle after slipping over a wet floor at the movie theater. Can Ed recover if he files a lawsuit against the movie theater? Mrs. Witkins develop an allergic reaction when Ed accidentally spilled the Dr. Pepper over her. Can she recover if she files a lawsuit against the movie theater? Statement of facts A. Kelly v. Movie Theater Earlier that day the movie theater assigned an employee to mop the floor in the bathroom every 15 minutes because the plumber called that he could not arrive until the next day to fix the plumbing problem. The theater shut off the sink but it did not prevent the floor from becoming slippery. Kelly slipped on the puddle of water and landed painfully on her shoulder while using the rest room at the movie theater since the floor was wet. B. Cindy and Sandy v. Movie Theatre Page 1 of 7
Torts 612, Assignment # 5 Later that night after Kelly fell, the movie theater posted a notice in front of the restroom stating “Do not enter wet floor”. Teri was an employee at the movie theater and had worked there for six months. She had used her keys to open the back door and party with friends after closing hours. Although Teri had several convictions of burglary, the movie theater was not aware of her criminal records since the movie theater hasn’t done a background check on her. That night after the movie theater had closed, Cindy, Sandy and Teri broke into the movie theater. The theater was dark although state statute requires exit signs to stay illuminated at all times. Patrons often complained about the signs as distraction. Teri told Cindy and Sandy to follow her so they can get some flashlights. While on their way Cindy tripped over a vacuum cord that Paul a member of the cleaning crew an independent contractor had left plugged in, the vacuum cleaner with cord running to the aisle. Paul had quit early taking a nap at the manager’s office. Cindy fell breaking her nose and as blood poured to her face, Sandy ran to the restroom to get

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