Reference no: EM132192557

Mike go to sam's store through a service entrance near the home improvements department. After purchasing a large mirror, Mike left the store through the same door. On his way out the door, carrying the large mirror in front and somewhat to the side him, he fell into a huge pothole in the parking lot just outside the door. The mirror broke, and the broken glass cut his right cheek and eye, resulting in permanent loss of vision in his right eye. He later stated that he had seen the pothole on the way into the store but had not seen the pothole on his way out because the mirror was blocking his view. Mike sued Sam's club for damages.

a) under what argument mike can recover against Sam's club using the tort theory. Apply the relevant rules to the facts here by stating the elements of tort.

b) Explain the best defense(s) for Sam's club against mike's action by applying the relevant defense(s) to the facts.

c) Several months later, and despite losing his driving license due to his impaired vision, Mike runs over a pedestrian while driving his car to the grocery store. Mike later stated that he didn’t see the pedestrian, Nancy, because she was walking near the right side of the car. Nancy is severely injured as a result of the accident and sues Sam's club for damages claiming that “but for” Mike's fall in Sam's club parking lot, Mike would not have run over Nancy. Discuss Nancy’s likelihood of success against Sam's club only . Discuss whether Sam's club will be successful or not.