Case 2 (10 points)

Alexa Gonchar visited a Wal-Mart store. While walking in a busy aisle from the stores cafeteria toward a refrigerator, Gonchar stepped on some macaroni that came from the cafeteria and had spilled on the floor. She slipped and fell, sustaining injuries to her back, arm and knee. She filed a suit against Wal-Mart, alleging that the store was negligent. She presented evidence that the macaroni had a lot of dirt and tracks through it, and testified that the macaroni seemed like it had been there for awhile.

Assume that you are the judge in the trial court hearing this case and answer the following questions:

1. What is the nature of the duty owed by businesses, such as Wal-Mart in this case, to their patrons? Why is this duty imposed on businesses?
2. Did Wal-Mart breach that duty in this case?
3. In deciding whether Wal-Mart should be held liable for Gonchars injuries, does it matter that she was walking in a busy aisle when she stepped on the macaroni? Explain.
4. Is Wal-Mart liable for negligence? Explain with specific reference to the facts of the case and the requirements of negligence.