Question: Gold v Restaurant Depot When its primary purchasing agent was on vacation, Sparta Diner sent Lizette Gold, another employee, to Restaurant Depot, a wholesale restaurant

Gold v Restaurant Depot When its primary

Gold v Restaurant Depot When its primary purchasing agent was on vacation, Sparta Diner sent Lizette Gold, another employee, to Restaurant Depot, a wholesale restaurant supply company. Lizette had never been to Restaurant Depot before and had difficulty finding it in the Sparta Business Park. While approaching the entrance to Restaurant Depot on a very overcast day, Lizette tripped over a concrete "wheel stop" in the parking lot and fell, suffering a broken arm and a dislocated elbow. The 6-foot-long wheel stop was not clearly visible as it had not been painted a contrasting color to distinguish it from the surrounding pavement. Lizette brought a personal injury action against Restaurant Depot alleging that the defendant was negligent in not marking the wheel stop more clearly, either with contrasting paint, vivid stripes, or a sign. During discovery, a Restaurant Depot employee admitted to the plaintiff's husband that she had tripped over the wheel stop in the past and that had notified her employer that the wheel stops posed a danger. Evaluate Lizette's premises liability claim against Restaurant Depot. In your analysis, make sure that you respond to the following questions: Is Lizette an invitee or a license? What duty, if any, does Restaurant Depot owe her? Is a "wheel stop" an open and obvious danger, such that Restaurant Deport did not have any duty to warn her of its presence? If you were the judge in this case, would you rule for Lizette Gold or Restaurant Depot? Explain your reasoning

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