As pedestrians exited the Wal-Mart pre-Christmas sale, Jason Davis, a Wal-Mart associate stood near the exit. Suddenly, and without warning, Davis turned around and collided with Mrs. Claus, an eighty-year-old woman. Mrs. Claus was knocked to the ground and fractured her hip. After hip-replacement surgery, she was left with a permanent physical impairment. Mrs. Claus filed suit in federal court against Davis and Wal-Mart alleging negligence.
What are the two strongest arguments for each side?
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