Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 4

Rebecca S. Dukat arrived at Mockingbird Lanes, a bowling alley in Omaha, Nebraska, at approximately 6:00 P.M. to bowl in her league game. The bowling alley's parking lot and adjacent sidewalk were covered with snow and ice. Dukat proceeded to walk into the bowling alley on the only sidewalk provided in and out of the building. She testified that she noticed the sidewalk was icy. After bowling three games and drinking three beers, Dukat left the bowling alley at approximately 9:00 P.M. She retraced her steps on the same sidewalk, which was still covered with ice and in a condition that, according to Frank Jameson, general manager of Mockingbird Lanes, was "unacceptable" if the bowling alley were open to customers. As Dukat proceeded along the sidewalk to her car, she slipped, attempted to catch herself by reaching toward a car, and fell. She suffered a fracture of both bones in her left ankle as well as a ruptured ligament. Dukat sued Mockingbird Lanes, seeking damages for her for personal injuries. Mockingbird denied liability for Dukat's personal injuries.
a. What arguments would support Dukat's claim for her personal injuries?
b. What arguments would support Mockingbird's denial of liability for Dukat's personal injuries?
c. Which side should prevail? Explain.?