Reference no: EM133247143

Background:  Costco Wholesale Corporation is a client of Attorney Trice.  Costco is a defendant in a negligence case brought by plaintiff Renee McDonald. 

Trice has asked you to research the case and draft a legal memorandum claiming that the undisputed facts in the case brought by the plaintiff are legally insufficient to establish a prima facie case of negligence against Costco.  

Facts:   Plaintiff Renee McDonald ("plaintiff") allegedly sustained personal injuries on October 8, 2015 while shopping at a store owned and operated by defendant Costco in Brooklyn Park, Maryland. According to plaintiff's account of the incident, while proceeding through the store, she slipped on the floor on water from a mop, causing her to fall to the ground and suffer "severe bodily injuries."

Plaintiff claims that the fall directly resulted from the wet floor.  A yellow caution sign that warned customers of the wet floor had been laced in the mopped area.  However, at the time of the plaintiff's fall, the sign had fallen down and was lying on the floor. Plaintiff alleges that the store did not have proper signage to warn of the hazardous condition. 

On March 18, 2016, plaintiff filed suit against defendant Costco in the Circuit Court of Maryland for Baltimore City. Plaintiff states a negligence claim, asserting that defendant breached its duty of care to her by: (1) "failing to fix a hazardous condition within a reasonable time;" (2) "failing to adequately warn plaintiff of a hazardous condition;" and (3) "otherwise failing to exercise reasonable and due care under the circumstances." 

Plaintiff seeks compensatory damages in the amount of $200,000.00, plus interest and costs.  

Defendant Costco asserts that it is entitled to summary judgment because the undisputed facts are legally insufficient to establish a prima facie case of negligence.

Draft a legal memorandum. Research Maryland case law to support your position on behalf of the Defendant, Costco.