BigMart operates a “K-Mart/Walmart” type store. Martin Harveywas shopping in the sporting goods department one day. At thattime, in the department there was only one employee when, accordingto the...

BigMart operates a “K-Mart/Walmart” type store. Martin Harvey was shopping in the sporting goods department one day. At that time, in the department there was only one employee when, according to the store’s policy, there should have been two. In front of the sporting goods section, in the store’s main aisle (which the employees referred to as “action alley” because it was often so busy) was a case containing a large display of various gauges of shotgun shells (shotgun cartridges). On top of the case were individual boxes of shells. Shortly after the sporting-goods employee had walked past the display, on his mandatory twice-hourly inspection circuit of the store, Martin Harvey did so also, but he slipped on some lead pellets which had earlier spilled out of a loosely-crimped shotgun shell onto the floor, and he fell heavily. Immediately, he experienced severe pain in his lower back and he lost some feeling in and some control of his legs. Sensation and control returned, but during the next week, he lost the full use of his legs several times for periods of ten to fifteen minutes. Eventually, sensation and control never returned fully to the front half of his left foot. Doctors diagnosed the condition as permanent. The pain in his lower back persisted, gradually fading, for a period of approximately six months. Harvey files a suit in a state court against BigMart. He is a postal worker. Prior to the accident he was a keen hiker in his spare time and on vacations. He is able to continue to work but his earning capacity is reduced by 25% because fatigue occasioned by walking on his injured foot means he can no longer do overtime. Based on the contents of medical reports Harvey obtains, an actuary calculates he will probably have to retire 2.5 years early.

Please discuss whether you think Martin Harvey will prevail in his lawsuit. In doing so, mention all the legal rules or elements necessary for success in a lawsuit of this kind, as well as available remedies, and possible defenses, and choose and mention facts from the problem which, together with your analysis, show that each necessary element or rule has (or has not) been met and state what remedies will (or will not) be granted.