Explain why or why not. 2. Using analogical reasoning, explain how the facts of the Brown opinion could be used to support Mrs. Smith’s case. Case C: Collins v. Heartland Home Goods Collins

conduct basic legal research, analyze facts and issues, and apply relevant law to facts. Part I: Case Analysis Case A. Anderson v. Stop & Shop 1. 2. Case B: Brown v. Atlantic Apothecary 1. 2. Case C: Collins v. Heartland Home Goods 1. 2. Part II: Recommendation A. B. C. Before Submitting Projects Carefully read your work to ensure it follows instructions. Review the grading rubric to ensure that you gain the most points possible for this project. Proofread for spelling and grammatical issues; consider submitting the paper to the Effective Writing Center (EWC) for assistance. All submitted work is to be your original work (only your work). You may not use any work from another student, the Internet, an online clearinghouse, or work you have submitted in another course. You are expected to understand the Academic Dishonesty and Plagiarism Policy, and know that it is your responsibility to learn about instructor and general academic expectations about proper citation of sources as specified in the APA Publication Manual, 7th Ed. and the 21st edition of The Bluebook. Project Submissions Submit the project in the Assignment Folder by the due date/time. It is the student’s responsibility to verify the work submitted is the correct file. In case of technical difficulties when submitting the project, immediately email a copy of the project to the professor. Emailed work cannot be graded, but emailing the project to the professor confirms the student’s attempt to submit timely work. Technical issues will not excuse late submissions except as consistent with the posted Late Policy. * * * Scenario Mabel Smith, 80, was shopping at a supermarket with her daughter in Montgomery County, Maryland. She walked slowly, with her daughter holding her arm. While walking down an aisle, Mrs. Smith and her daughter maneuvered around a supermarket employee who was restocking fruit from a stack of boxes placed in the middle of the aisle. Despite her attempts to walk around the boxes, Mrs. Smith’s left foot caught on the corner of the bottom, box and she fell to the floor, twisting her ankle and hitting the side of the fruit stand with her head. Because she appeared disoriented, an ambulance was called to transport Mrs. Smith to the hospital. At the hospital emergency department, Mrs. Smith was diagnosed with a concussion and a sprained ankle. Mrs. Smith was admitted to the hospital, and she remained there for two days. Mrs. Smith wants to file a lawsuit against the supermarket in the Circuit Court for Montgomery County Maryland to recover costs for her medical expenses. You are tasked with analyzing whether Mrs. Smith is likely to recover damages. You have located three promising cases, which are summarized below. Part I: Case Analysis Case A: Anderson v. Stop & Shop Anderson v. Stop & Shop is a case where the Maryland Court of Special Appeals upheld the jury’s award of damages. The Court of Special Appeals is an intermediate (middle level) appellate court in the Maryland state judicial system. Anderson, a 42-year-old clerical worker, tripped and fell over a case of cola that had fallen off the shelf and was sitting in the aisle of an Annapolis, Maryland convenience store. She was taken by ambulance to a local emergency room where she was treated for a sprained right ankle, and a torn ligament in her right knee. Anderson sued the convenience store claiming the case of cola was blocking the aisle and that the store was negligent in not moving it out of the way. The Defendant store claimed it had no knowledge that the case of cola had fallen off the shelf. The jury found that the Defendant convenience store was liable for the Plaintiff’s injuries and awarded the Plaintiff damages of $99,112. 1. Is Anderson v. Stop & Shop mandatory authority in the Circuit Court for Montgomery County, Maryland? Explain why or why not. 2. Using analogical reasoning, explain how the facts of the Anderson case could be used to support Mrs. Smith’s case. Case B: Brown v. Atlantic Apothecary Brown v. Atlantic Apothecary is a case where the Maryland Court of Appeals upheld the jury’s award of damages. The Court of Appeals is the highest court in the Maryland state judicial system. Brown, 37-year-old woman, was walking through a drug store in Baltimore, Maryland when she slipped and fell over a cosmetics display stand sitting at the end of an aisle. The display partially blocked the aisle through which customers would walk. Brown sustained knee, foot and shoulder injuries requiring surgery. Brown sued the Apothecary for her injuries, arguing that the store negligently placed the display where customers walked. The jury found the Defendant store liable and awarded her damages of $152,000. 1. Is Brown v. Atlantic Apothecary mandatory authority in the Circuit Court for Montgomery County, Maryland? Explain why or why not. 2. Using analogical reasoning, explain how the facts of the Brown opinion could be used to support Mrs. Smith’s case. Case C: Collins v. Heartland Home Goods Collins v. Heartland Home Goods is a case where the Pennsylvania Supreme Court upheld the jury’s finding and the jury’s award of damages. The Pennsylvania Supreme Court is the highest court in the Pennsylvania state judicial system. Collins was shopping in a home goods store in York, Pennsylvania when he fell on a wet floor that had been recently mopped and left to air dry without any warning signs placed nearby. He sustained a broken leg and a wrist injury requiring medical treatment and physical therapy. Collins sued the home goods store for failing to warn of the wet floor and potential fall hazard. The jury found the Defendant store liable and awarded Collins damages of $22,000. 1. Is Collins v. Heartland Home Goods mandatory authority in the Circuit Court for Montgomery County, Maryland? Explain why or why not. 2. Using analogical reasoning, explain how the facts of the Collins opinion could be used to support Mrs. Smith’s case. Part II: Recommendation Is Mrs. Smith likely to collect damages as result of her lawsuit? Which case provides the strongest support for Mrs. Smith: Anderson, Brown, or Collins? Thoroughly explain why the case that you chose in II.B best supports Mrs. Smith’s case. Explain both the apparent strengths of the case you selected and the potential weaknesses of the cases you did not choose.

Part I: Case Analysis

Case A: Anderson v. Stop & Shop

1. Is Anderson v. Stop & Shop mandatory authority in the Circuit Court for Montgomery County, Maryland? Explain why or why not.

Anderson v. Stop & Shop, decided by the Maryland Court of Special Appeals, is not mandatory authority in the Circuit Court for Montgomery County, Maryland. Mandatory authority refers to cases that a court must follow, typically those issued by higher appellate courts within the same jurisdiction. In Maryland, the Court of Special Appeals is an intermediate appellate court, and its decisions are persuasive authority but not binding on the Circuit Court.

2. Using analogical reasoning, explain how the facts of the Anderson case could be used to support Mrs. Smith’s case.

Analogical reasoning allows us to draw parallels between Anderson v. Stop & Shop and Mrs. Smith’s case. In both cases, customers were injured while shopping due to hazards in the store. In Anderson, the plaintiff tripped over a case of cola blocking the aisle, leading to injuries. Similarly, Mrs. Smith suffered injuries when her left foot caught on a box placed in the middle of the aisle while trying to navigate around it. In both instances, the plaintiffs argued that the stores were negligent in maintaining the safety of their premises.

The key similarity lies in the concept of negligence. If the court found that Stop & Shop was negligent in Anderson, it could set a precedent for the Circuit Court to consider negligence in Mrs. Smith’s case. This would involve assessing whether the supermarket knew or should have known about the hazard and whether they took reasonable steps to prevent such accidents. Thus, Anderson v. Stop & Shop could serve as persuasive authority to establish negligence in Mrs. Smith’s case.

Case B: Brown v. Atlantic Apothecary

1. Is Brown v. Atlantic Apothecary mandatory authority in the Circuit Court for Montgomery County, Maryland? Explain why or why not.

Brown v. Atlantic Apothecary, decided by the Maryland Court of Appeals, is also not mandatory authority in the Circuit Court for Montgomery County, Maryland. While the Maryland Court of Appeals is the highest court in the state, its decisions are still not binding on lower courts outside the same jurisdiction.

2. Using analogical reasoning, explain how the facts of the Brown opinion could be used to support Mrs. Smith’s case.

Analogically, Brown v. Atlantic Apothecary shares similarities with Mrs. Smith’s case. In both cases, customers were injured in a retail store due to hazards that impeded their path. Brown slipped and fell over a cosmetics display, causing injuries, while Mrs. Smith’s injuries resulted from tripping over a box placed in the aisle. Both plaintiffs argued that the stores were negligent in placing obstacles in customer pathways.

The key parallel is the issue of negligence. If the Circuit Court in Brown found the Apothecary liable for negligence, it could serve as persuasive authority for Mrs. Smith’s case. The court would likely consider whether the supermarket in Mrs. Smith’s case acted negligently by failing to remove or warn of the obstruction. Thus, Brown v. Atlantic Apothecary provides another persuasive case for establishing negligence in Mrs. Smith’s claim.

Case C: Collins v. Heartland Home Goods

1. Is Collins v. Heartland Home Goods mandatory authority in the Circuit Court for Montgomery County, Maryland? Explain why or why not.

Collins v. Heartland Home Goods, decided by the Pennsylvania Supreme Court, is not mandatory authority in the Circuit Court for Montgomery County, Maryland. This is because Pennsylvania state law does not have jurisdiction over Maryland, and decisions from one state’s highest court do not bind the courts of another state.

2. Using analogical reasoning, explain how the facts of the Collins opinion could be used to support Mrs. Smith’s case.

Analogically, Collins v. Heartland Home Goods presents similarities to Mrs. Smith’s situation. Both cases involve customers suffering injuries in retail stores due to unsafe conditions. In Collins, the plaintiff fell on a wet floor without warning signs, sustaining injuries. In Mrs. Smith’s case, she fell over a box in an aisle. In both instances, plaintiffs argued that the stores were negligent in maintaining safe premises.

The key similarity is the issue of negligence. If the Circuit Court in Collins found Heartland Home Goods liable for negligence, it could offer persuasive authority for Mrs. Smith’s case. The court would likely assess whether the supermarket was negligent in leaving an obstruction in the aisle without warning customers. Therefore, Collins v. Heartland Home Goods could support Mrs. Smith’s claim by establishing a precedent for negligence liability.

Part II: Recommendation

Is Mrs. Smith Likely to Collect Damages as a Result of Her Lawsuit?

Mrs. Smith’s likelihood of collecting damages in her lawsuit depends on several factors, primarily centered on the establishment of negligence by the supermarket. Negligence is a key element in personal injury cases, and it requires proving that the defendant (the supermarket) breached its duty of care towards the plaintiff (Mrs. Smith), resulting in her injuries.

In assessing the three cases discussed (Anderson, Brown, and Collins) to determine which provides the strongest support for Mrs. Smith’s case, it is essential to evaluate the apparent strengths and weaknesses of each case.

Anderson v. Stop & Shop:

Strengths:

  • In Anderson, the jury found the defendant supermarket liable for the plaintiff’s injuries, awarding substantial damages.
  • This case establishes precedent within Maryland for holding a store responsible for injuries resulting from hazards in the aisles.

Weaknesses:

  • The facts of Anderson involved a different hazard (fallen cola case) compared to Mrs. Smith’s case (a box blocking the aisle).
  • The exact nature of negligence and the duty owed may differ between the two cases, making it necessary to draw analogies cautiously.

Brown v. Atlantic Apothecary:

Strengths:

  • In Brown, the Maryland Court of Appeals upheld the jury’s award of damages, indicating strong legal support for personal injury claims.
  • Similar to Mrs. Smith’s case, Brown involved a customer injured due to an obstruction in a store aisle.

Weaknesses:

  • The specific circumstances surrounding the obstruction and the nature of negligence may not perfectly align with Mrs. Smith’s case, potentially limiting its applicability.

Collins v. Heartland Home Goods:

Strengths:

  • Collins provides a persuasive precedent from another state (Pennsylvania) where a customer was injured due to a hazardous condition in a retail store.
  • It reinforces the importance of warning signs in areas where hazards exist.

Weaknesses:

  • The case comes from a different state with potentially different legal standards for negligence, making it less directly applicable to Maryland law.
Recommendation:

Of the three cases, Brown v. Atlantic Apothecary appears to provide the strongest support for Mrs. Smith’s case. This is because Brown closely mirrors the circumstances of Mrs. Smith’s injury—an obstacle in a store aisle leading to injuries—and it was upheld by Maryland’s highest court, the Court of Appeals. Although there are still differences in the specific facts and the duty of care owed, the similarities are more pronounced in Brown compared to the other cases.

However, it is crucial to recognize that none of these cases are mandatory authority in Montgomery County, Maryland, and analogical reasoning can only provide persuasive support. The outcome of Mrs. Smith’s case will depend on how well her legal team can argue that the store was negligent in not preventing her accident and whether the court finds this argument convincing within the context of Maryland law.

In summary, while Anderson, Brown, and Collins provide valuable persuasive authority, Brown v. Atlantic Apothecary offers the most relevant support for Mrs. Smith’s case due to its similarities and high-level recognition within Maryland’s legal system. Nonetheless, the final decision will depend on the specific arguments presented in court and how well they align with Maryland’s legal standards for negligence in personal injury cases.