Introduction to Legal Research, Unit 3 Case Briefs (with Kaplan University, Online)
Unit 3 Assignment: Case Briefs
Jody A. Gibson
PA 201-02 Introduction to Legal Research
Professor Cynthia Middleton
June 18, 2013
Patterson v. University Park Associates
860 N.E 2d 928 (Table)
Ind. App., 2007
January 24, 2007
FACTS:
On June 13th 2003, Patterson was walking through the common area of the University Park Mall ( the Mall) when she slipped and fell on a liquefied cheese substance, “which was like cheese whiz”. Due to the high volume of traffic, Patterson did not see the cheese substance prior to the fall, as she and her daughter passed through the mall that day. Patterson states she did not see anyone trying to avoid the cheese before she slipped nor did she notice anyone dropping it just prior to her fall. She states she did not notice anyone with cheese on their shoes or anyone who was tracking it with their feet.
John Simons has been employed by the Mall as a security sergeant for four years. Simon’s duties include walking through the Mall to inspect the common areas for substances that could cause customers to slip and fall. Simons was working on June 13th, 2003, and between 4:19 and 4:21 p.m., Simons inspected the area where Patterson later fell and did not see any substance, including cheese that would pose a danger as a potential slip or fall. Had Simons noticed such a substance he would have notified housekeeping to clean it. Simons was informed after 4:25 p.m. that a customer had fallen in the area he had just inspected and he returned immediately to assist Patterson.
Patterson filed a complaint on November 10th, 2003, alleging that the Mall owner had negligently failed to maintain a safe walkway, resulting in injuries to her left knee, ankle and wrist, and leading to physical limitations and “substantial” mental and physical pain and suffering. FN1 Appellant's App. p. 4. On September 2, 2005, University filed a motion for summary judgment, arguing that it was excused from liability because it had demonstrated that
Jody A. Gibson
PA 201-02 Introduction to Legal Research
Professor Cynthia Middleton
June 18, 2013
Patterson v. University Park Associates
860 N.E 2d 928 (Table)
Ind. App., 2007
January 24, 2007
FACTS:
On June 13th 2003, Patterson was walking through the common area of the University Park Mall ( the Mall) when she slipped and fell on a liquefied cheese substance, “which was like cheese whiz”. Due to the high volume of traffic, Patterson did not see the cheese substance prior to the fall, as she and her daughter passed through the mall that day. Patterson states she did not see anyone trying to avoid the cheese before she slipped nor did she notice anyone dropping it just prior to her fall. She states she did not notice anyone with cheese on their shoes or anyone who was tracking it with their feet.
John Simons has been employed by the Mall as a security sergeant for four years. Simon’s duties include walking through the Mall to inspect the common areas for substances that could cause customers to slip and fall. Simons was working on June 13th, 2003, and between 4:19 and 4:21 p.m., Simons inspected the area where Patterson later fell and did not see any substance, including cheese that would pose a danger as a potential slip or fall. Had Simons noticed such a substance he would have notified housekeeping to clean it. Simons was informed after 4:25 p.m. that a customer had fallen in the area he had just inspected and he returned immediately to assist Patterson.
Patterson filed a complaint on November 10th, 2003, alleging that the Mall owner had negligently failed to maintain a safe walkway, resulting in injuries to her left knee, ankle and wrist, and leading to physical limitations and “substantial” mental and physical pain and suffering. FN1 Appellant's App. p. 4. On September 2, 2005, University filed a motion for summary judgment, arguing that it was excused from liability because it had demonstrated that