Legal studies

FACT PATTERN:

John Jones is the president and sole-owner of Value-Mart, Inc. Value-Mart is a local chain of grocery stores that also offers house-hold necessities and a small selection of toys with three locations in Anytown, State. Mr. Jones planned a fourth location in a very affluent part of Anytown. He hired an architectural firm, AGS, to design the building and Build It Better, LLC to handle the construction. Lisa Lane, the interior designer that helped Mr. Jones decorate his home, is decorating the new store to give it a more upscale feel.

AGS consulted with Lisa Lane and provided very detailed plans, including suggested flooring, doors, and hardware to Build It Better, LLC. Build it Better, LLC’s project foreman, Kate Kane, warned John Jones that several of the products chosen, while aesthetically pleasing, were not suitable for commercial construction. She further expressed concern that the shelves that were selected, while beautiful, were not strong enough to hold the necessary weight if someone climbed on them. Mr. Jones asked Lisa Lane if he should change the products to items suited for commercial use. Ms. Lane was concerned that using standard commercial products would make the store look just like all the others, thus defeating the purpose of the location choice and all the time and effort they put into reimagining the brand. Mr. Jones told Ms. Kane to move ahead with the construction. The new location opened on October 1, 2022.

On opening day, Cliff Climberson stopped by the new location to get a jar of Benny’s Brined Pickles. The store was very busy and appeared to be understaffed. A sign was posted at the end of every aisle stating, “Please ask for assistance for items out of reach.” The pickles Cliff wanted were half-way down the aisle, on the top shelf. After waiting 15 minutes for someone to help him, Cliff climbed the shelves and retrieved the jar of pickles. During his climb, Cliff heard a crack, but the shelf held his weight as he climbed back down. Cliff bought his pickles and left. A few minutes later, the entire shelving unit collapsed causing over 50 jars of pickles to fall to the floor and break.

Sally Slipsalot entered the store as Cliff was leaving. Sally was wearing a brand-new pair of super slick bowling shoes. Sally knew that they might not be the best choice for a day of shopping, but they really made her outfit pop. Sally almost fell as she selected her shopping cart, but she caught herself on a nearby trashcan. Sally’s hand hurt a little after the near fall. Sally started shopping, gliding through the store on her new shoes. 10 minutes later, Sally headed for the pickle aisle. As she moved down the aisle, she slipped on pickle juice. Sally lost her balance and tried to reach for her shopping cart. She grabbed for the cart with the same hand she used to catch herself on the trashcan. Sally fell, hitting her head and cutting her forearm on a piece of broken pickle jar. Emergency Medical Technicians (EMTs) were called to treat Sally. Upon arrival, the EMTs determined that Sally needed to go to the hospital. Sally was still laying in a pile of broken glass. While moving her onto a stretcher, Sally’s other arm was cut, causing her to need stitches in both arms. Sally’s medical bills totaled $100,000.00.

Question:
Sally has sued Value-Mart for $100,000 in compensatory damages and $1,000,000 in punitive damages. Sally has successfully proven her case and Value-Mart has been found liable for Sally’s injuries. The judge has instructed the jury to use comparative negligence in their calculation of damages. How should the jury attribute damages and why?

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