Grocery Store Allegligence Case

Introduction:
We filed a complaint last month in trial court alleging that there was negligence on the part of the store. We were seeking an award for damages. In the answer to the complaint the store alleges that Samantha Smith had a duty to avoid the spill, and was unable to fulfill that duty because she was distracted by her misbehaving child. The store claims that her being distracted makes her equally at fault for the injuries sustained in her trip and fall accident.

Statement of Facts:
While shopping at the local grocery store with her young son, Samantha Smith slipped on clear, gel shampoo that had spilled into the isle. The fall resulted in a broken hip, requiring an overnight stay at the hospital as well as several months of