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You are employed by Walmart to review tort injury claims against the company before referring them to the legal department. You have been assigned two cases for your review and opinion on. In each case you are required to complete the following in your brief report:
(1) Identify and describe any and all legal issues and all fact issues which you believe relevant in establishing liability by any party against Walmart.
(2) Identify and briefly describe any and all legal defenses you believe that Walmart may have to any claim.
Claim 1: A husband and wife are )walking by the Walmart auto & tire when the husband notices that his car has yet to have its oil changed after a three-hour wait. He steps across a chain with a sign that says No Customer Admittance to ask the technician how much longer it is going to be and steps on a discarded tire stem lying on the floor and falls seriously injuring his shoulder. Startled by her husband’s fall, the wife drops their toddler injuring the child also.
Claim 2: An elderly man in a walker was shopping in the produce grocery section of a Walmart stepped onto some grapes he had previously spilled and slipped and fell seriously injuring his back. A Walmart employee is stationed and present on duty at all times in this store section with the responsibility of cleaning up spills to avoid accidents. The Walmart employee on duty at the time reported he did not see the grapes on the floor before the accident had occurred.
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