Danny the Defendant owned a small grocery store in Tarzana H

Danny the Defendant owned a small grocery store in Tarzana. His Produce Manager, Deirdre, frequently sprayed the produce with excess water that would drip onto the floor, creating trip hazards. Deirdre was warned about this many times by Danny. While she repeatedly assured Danny that she would be more careful, large puddles were commonplace around the Produce Department. Though this bothered Danny, he did not really do much about it since he was so busy with other tasks in the store. One day, Paula, the Plaintiff, who weighed six hundred pounds, lumbered into the store for the first time, headed directly for the Produce Department and starting stuffing bananas in her mouth. As she eyed six boxes of strawberries that she desired to woof down, she pivoted her large body, but as she did so, her left foot slid on one of the banana peels she had just dropped on the floor. She tried to regain her balance with her right foot, she slipped on a large puddle of water in front of the celery. This led Paula to completely loose her balance and roll sideways onto the ground crashing into a large display of ham. The force of the impact caused one of the hams to fly at a crushing speed crashing the glass in front of the grocery store. This impact caused little chards of glass fly to burst into the air outside. Some of these chards then went into the eyes of a group of crows who were flying overhead at that very moment. The chards of glass caused the crows to lose their eyesight. Because they could no longer see, three of these crows then crashed head-on at a speed of 50 miles an hour into Pedro the plaintiff who was walking his dog. The full force of the impact on Pedro caused severe brain damage to Pedro, though miraculously two of the crows survived (the third one was ground to a pulp). Describe the possible claims both Paula and Pedro might have against Danny and Deirdre. Be specific and be sure to assert any defenses that either Danny or Deirdre may raise.

Solution

Paula and Pedro can claim the damages they had due to the floor being wet. This was one of the reason that Paula lost her balance and fell causing the mishap that happened.They both will hold Danny the owner of the grocery store responsible for this, as he is accountable for the actions of his employees.

Danny and Deidre can defend themselves by stating that the water on the floor was not the main reason that Paula fell. She fell because she tripped over the peel of banana that she ate. It was her responsibility to throw it off in a dustbin rather than on the floor. Even if the water was not there she could not have managed to balance herself because of the huge body that she has.and her weight.