The Plaintiff, an elderly man who walked slowly but surely, was in a busy, popular restaurant and decided to use the men’s restroom during his dinner. His path to the restroom crossed in front of the kitchen door, where servers were coming in and out with food trays. A young server who was an employee of the restaurant was carrying a large tray full of food. He came out of the kitchen, walked approximately 4 steps, did not see the elderly man, knocked him to the ground and killed him instantly.
Who is responsible for his death?
FACTS
The server had gone in and out of the kitchen hundreds of times with food trays and never saw any customers walk that close to the kitchen door. The server was walking fast because he wanted to deliver hot food.
The elderly man was lost and thought the kitchen door was the restroom and was walking toward it thinking it was the restroom.
An independent witness said neither the server nor the elderly man was watching where they were walking and collided.
YOU HAVE BEEN SEATED ON THE JUTY – JURY INSTRUCTIONS:
The restaurant is responsible for any negligence of the server.
If your verdict is for the restaurant, or if you assign greater than 50% fault to the elderly man your verdict is for the restaurant.
In reaching your verdict, do not let bias, sympathy, prejudice, public opinion, or any other sentiment for or against any party influence your decision.
After you cast your ANONYMOUS vote, continue reading to see the jury verdict for my last Question of Fact Blog – Bar Shooting Liability.
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