TO: Steve Stinson Esquire

FROM: Paralegal

DATE: March 18, 2015

RE: Smith v. Growler's Groceries

This memorandum summarizes my interview and findings with Ms. Jones and summarizes Ms. Jones' credibility as a witness. The memorandum also includes the duty of care owed by the Growler's groceries store to it's customers. Additionally, included are facts that show that Growler's grocery store did not comply with the applicable standard of care.

INTERVIEW OF ROBIN JONES

I spoke with Ms. Jones at her home on Friday, March 1, 2015 at 9:30 AM. She is a Caucasian woman of petite height and build. She was clothed in her jogging outfit having just returned from her morning run. Ms. Jones demeanor was grim and long-faced as if she …show more content…

This includes inspection the premises for possible dangerous artificial and natural conditions and dangerous activity on the land that are hidden, and then taking reasonable precautions to make them safe for invitees.

Contributory Negligence is a common law doctrine that provides that when a plaintiff’s own negligence contributes to the harm or injury caused by the defendant’s negligence, he/she cannot recover. Contributory Negligence is an affirmative defense. In asserting contributory negligence, the defendant is arguing that the plaintiff’s own unreasonable conduct contributed to the injury or harm he/she suffered.

ANALYSIS

Ms. Jones interview revealed the possibility of breach of duty of care when she affirmed that the spill was caused by the fall of a liquid floor detergent from a shelf. It's the duty of the store owners to ensure that shelves are stacked safely to prevent items from falling. Ms. Jones also revealed that a reasonable effort was made to warn the plaintiff to the dangers of the spill. A judge or jury may question how much time elapsed between the time the spill was spotted and a proper response was given, to address the spill. According to Ms. Jones immediate attention was given to the spill once it was noticed although, not enough to prevent Ms. Smith from encountering the spill. This