Review the following fact pattern and note the torts issues. In your answer identify the torts issues and describe the elements of each. Then discuss the rights of each party and how the elements of the torts are applied to the fact pattern. Finally discuss the possible

remedies. You can type your answer in a Word doc first and then copy and paste from the Word now because the assignme doc into the text entry box.

Fact Pattern:

Charles Cole was a regular customer of Mandell's, a supermarket owned and operated by

Mandell Food Stores, Inc. The entrance to the store had automatic doors that opened whenever someone walked on the rubber mats that extended eight feet in either direction. In addition, the entryway was protected by a roll$-$up metal security gate, designed and manufactured by United

Steel Products, which was lowered after the store was closed at night and opened in the morning before the supermarket opened. On January $2,2013,$ following unusually cold weather, a Mandell employee reported that he had had difficulty getting the gate to descend; after tugging on it for some time he was finally able to get it down. On January $7,2013$ Cole was entering the store during regular basiness hours when the metal security gate unexpectedly descended, striking Cole on the head. As a result, Cole sustained serious head injuries.

Cole has come to the law firm where you are a new associate and would like advice on the prospects for obtaining tort compensation for his injuries. After reviewing his medical file and information about Cole's employment history, a damage specialist in your firm estimates that if liability could be established for Cole's injuries, a jury would assess his damages for medical expense and lost earnings at $\backslash (\backslash$$ $250,000\backslash )$; and $\backslash (\backslash$$ $750,000\backslash )$ would be the amount of his pain and suffering damages.

On the liability side, you have an expert looking into the history of the security gate. It was installed at Mandell's in $1958.$ Until $2005,$ Mandell had had a contract with an overhead door service company to perform annual inspection and maintenance on the security gate, but after that year a new management team had been hired and the contract with the company was. canceled. No problems had been reported with the security gate until the employee's report on January $2,2013.$