Memorandum Example

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  • Topic: Intentional infliction of emotional distress, Negligence, Tort
  • Pages : 6 (1965 words )
  • Download(s) : 96
  • Published : May 2, 2012
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MEMORANDUM
To: John Jacobs
From: Cesar Vargas
Date: December 5, 2011

QUESTION PRESENTED
1. Is Target, liable for injuries sustained by Beth Adams, a store patron who slipped on a puddle of soda that had been pooled on the floor for a minimum of four hours? 2. Are target and its employees liable to Ann and Beth for the intentional infliction of emotional distress for the way employees handled the situation. Smith and Jones who are employees laughed, told Ann her daughter was faking her injuries, went around her daughter and failed to call 911. 3. Are target and its employees liable to Ann and Beth for the negligent infliction of emotional distress for the way employees handled the situation. Smith and Jones who are employees who failed to call 911 and who continued to work around Beth. BRIEF ANSWER

1. Probably Yes. Target will probably will be liable based on negligence for injuries sustained by Beth Adams 2. Probably Yes, Target and its employees will probably be liable for the intentional infliction of emotional distress to Beth but not Ann based on the conduct of it’s to employees Smiths and Jones. 3. Probably Yes, Target and its employees will probably be liable for the negligent infliction of emotional distress to Beth but not Ann based on the conduct of its employees. FACTS

Our clients Beth and Ann Adams are suing Target for Negligence, Intentional infliction of emotional distress and negligent infliction of emotional distress.
On October 1, 2011, at about 4:05 p.m., Ms. Adams and her five year old daughter, Beth Adams, were shopping in the food section at the local Target Store. There were many employees in the store because it was the start of the evening shift, which begins at 4:00pm. The employees were re-stocking inventory as part of normal store routine. The previous shift had inspected the premises at 12:00 p.m. that day. The inspection report indicated that the floors were clear and that no obvious spills had been reported.

Unbeknownst to Target and its employees, a puddle of soda had apparently accumulated on the floor of the beverage aisle from the leakage of a bottle. The bottle appears to have been damaged by a blade which is used by employees to open cardboard cartons of soda before placing them on the shelves. The leak could have stated after the previous inspection was completed because no leakages were noted in the inspection report.

As Ann and Beth walked down the beverage aisle, Beth slipped on the puddle of soda, and hit the back of her head on the floor. Ann watched in horror as Beth fell to the ground. Ann immediately went to her daughter’s aid. Beth was non-responsive and appeared to be unconscious.

A few store employees, who were in the area, went over to the beverage aisle to see what happened. At this point, Ann was hysterical because she thought her daughter might die. She urged the employees to call an ambulance. One employee, Smith, laughed it off and told Ann that her daughter appeared to be “faking” her injuries. Another employee, Jones told Ann to pick her child up off the floor, because they had to re-stock the shelves and Beth was in the way. Smith and Jones then proceeded to re-stock the beverage aisles walking around Ann and Beth, who lay unconscious on the ground. Finally, another customer in the store called 911.

Ann began screaming at Smith and Jones. Smith and Jones told Ann to “shut her trap.” In the client interview, Ann called the conduct of Smith and Jones “extreme and outrageous.” The store manager came to the beverage aisle to see what was happening. The manager immediately performed CPR on Beth until paramedics arrived. Employee records showed that numerous customer complaints had been made against Smith and Jones for their bad attitudes and poor customer relations.

Ann and Beth were both transported to the hospital. Beth was diagnosed with a severe concussion and remained in the hospital for two weeks. Ann was also seen by a...
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