Question: Flora Gonzalez visited a Wal-Mart store. While walking in a busy aisle from the store's cafeteria toward a refrigerator, Gonzalez stepped on some macaroni that

Flora Gonzalez visited a Wal-Mart store. While walking in a busy aisle from the store's cafeteria toward a refrigerator, Gonzalez stepped on some macaroni that came from the cafeteria. She slipped and fell, sustaining injuries to her back, shoulder, and knee. She filed a suit in a Texas state court 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 awhile." Walmart was not found guilty of negligence. Which of the five elements for negligence do you believe the court questioned? Why?

 

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