Reference no: EM133474497
Case: Alex is a guest in the Bethlehem Lodge, a small family-owned hotel in the Adirondacks. The summer season is so busy that the Glenmont family, the owners of the hotel, can no longer keep up with all the necessary housekeeping. For the first time, they feel the need to hire help. They contact Becky's Cleaning Service, a local franchise of a nationwide chain that supplies domestic help, and enter into a contract for Becky's to supply a maid every day for the month of August. Bethlehem Lodge will pay Becky directly, and Becky will pay the maid. Knowing how picky the Glenmont family is, Becky chooses one of their best and most experienced workers, Monica, to go to the Bethlehem Lodge. Monica has worked for Becky's for 10 years and has undergone extensive "Beckyification"-she took a course in how to clean a bathroom that included instructions that on a nice day, the most efficient and time-effective way (since on most Becky's projects the workers get paid by the hour) to dry a floor was to open a window and let the floor air dry.
The first day Monica shows up at the Bethlehem Lodge, Mrs. Glenmont gives her the tour-she gives Monica specific instructions regarding what rooms to clean, when to clean them, and how to clean them. Mrs. Glenmont is particularly fussy about the bathrooms-she tells Monica that she wants the bathroom floor scrubbed and then dried with a towel. Lastly, she gives Monica a "Bethlehem Lodge" shirt to wear over Becky's shirt-the shirt is a regular T-shirt that has the words "Bethlehem Lodge-Staff" on the front.
Monica then goes on her appointed rounds, and her first room is that of Alex. She knocks on the door, Alex greets her, and then he leaves. Monica cleans the room according to Mrs. Glenmont's instructions, except for the bathroom. Instead of getting down to dry the floor, Monica mops it semi-dried, opens a window, turns out the light, and leaves the room. Alex returns from breakfast, and you guessed it, slips on the damp bathroom floor and breaks his leg.
As is the norm in the year 2006, Alex sues everyone-Monica individually, Becky, and the Bethlehem Lodge under a theory of negligence. The trial is proceeding, and everyone is claiming and crossclaiming, and counterclaiming.
Question 1: In your capacity as an attorney defending Bethlehem Lodge, do you believe the Lodge is liable for the negligent lawsuit? Can you explain why? If not, why not? Does this case involve any law or evidence that the attorney could use?
Question 2. Would you say that Mrs. Glenmont is doing her best to provide Monica with the correct instructions? Is Bethlehem Lodge in violation of any laws in this case?
Question 3. Why is Monica given the Bethlehem Lodge uniform to wear? Does Alex have a case against Bethlehem Lodge?
Question 4. In Alex's position, how would you react? Could Mr. Glenmont resolve that situation? Does he also have grounds to sue Monica and Becky Cleaning Service? Make a solid statement for each case. What effect does the lawsuit have on Bethlehem Lodge's business and reputation? Is Mr. Glenmont likely to continue doing business with Becky's Cleaning Service?
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