Mock Trail Essay

1035 words - 5 pages

Alison Peterson v. Grocery Depot, Inc
Business Law 226
March 3rd, 2011
Jack Schwab

The Alison Peterson v. Grocery Depot Inc tort lawsuit is about an incident that occurs in countless grocery stores across the United States. Peterson is alleging Grocery Depot Inc. was negligent in their duty of care to her as a business visitor. Grocery Depot Inc. as a property owner has a legal duty to maintain the grocery store premises in a safe and hazard free condition or to warn a customer about any situation that could be dangerous. Peterson alleges Grocery Depot Inc breached this duty, which resulted in her slip and fall.
Grocery Depot Inc. has hired the McAfee law firm, to defend the ...view middle of the document...

3. Mr. D’ Lake, how did you find about the incident? This question verifies the employee followed company procedures of notifying the manager immediately.
4. Is the plaintiff a regular customer? This establishes the plaintiff frequents the establishment without incident.
5. Was an ambulance called for the plaintiff? This establishes the store was concerned for the customers well being. Furthermore, this establishes the employees were aware of the safety procedures and followed them.
6. Where did the incident occur? This question establishes the exact location of the incident.
7. Can you describe the scene upon your arrival? This question confirms the details in his written statement.
8. Can you describe the produce departments’ procedure for displaying overripe bananas? This establishes the facts, that a flat bottom display was used to eliminate the problem of banana leakage.
9. Can you describe the sign in the banana display? This establishes the store had notified customers not to break apart bananas. This question also establishes the plaintiffs’ duty to avoid creating a hazardous condition.
10. Mr. D’ Lake, upon inspection of the scene, did you witness any foreign liquid on the floor? This question is to establish the possibility that the plaintiff actions caused the incident.
Upon completion of the defenses question of the witness the plaintiffs’ lawyers began a cross examination with these ten questions.
1. How many times per day are the floors in each department of the grocery store premises inspected? This establishes how often the floor is scrutinized.
2. Who is responsible for inspecting the floor and signing the inspection log? This determines which employee at the time of the incident was responsible for examining the floor and making sure the premises are hazard free.
3. Is there is a written safety policy? This establishes the company does have safety policies and procedures for the employees to follow.
4. Is each employee aware of the safety procedures and policies? This establishes the store is aware of the crucial steps needed to ensure the...

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