Sorry couldn't find Law so I put it under Operations Management

QUESTION ONE

David works at Tonys fruit shop, cutting and packing the fruit to be sold.

Earlier this year David got a call from Tony asking that he come into the fruit shop as it was busier than normal. When David arrives at the fruit shop he notices that there is hardly any fruit on the shelves as it has been so busy.

Within an hour David has cut enough fruit and starts to restock the shelves. Tony thanks David for his hard work and tells him to take a 15 minute break. David is extremely happy with himself but decides to put one more tray of apples on the shelves before he takes his break.

While David is putting the apples on the shelf a customer approaches him and asks whether there is any more watermelon. David is distracted and drops a few apples on the floor. David saw the apples roll onto the floor but decided to go check whether there was any watermelon before picking up the apples on the floor.

After about five minutes waiting for David, the customer, Jenny, turned to look for David and tripped on the apples which had fallen on the floor.

Jenny suffered a broken wrist from the fall. Jenny is a professional netball player and as a result cannot play for 8 months. Her medical expenses come to $15,000 as she required surgery. Jenny starts taking illegal pain relief medication becoming addicted and is forced to go to rehabilitation for her addiction. The rehabilitation fees cost $30,000.

REQUIRED:

Advise Jenny as to whether she would be successful in negligence against David and the fruit shop.

Please explain fully, using relevant legal authority.

(20 marks)