The first act occurred when Bobby accidently spilled the BoBo sauce on the floor of the restaurant while serving Mr. and Mrs. Obese. As an employee of Bobby Robino’s Rib and Chicken Restaurant, it is Bobby’s duty to clean up the trail of sauce on the floor in a reasonable amount of time, five minutes, to prevent any safety-related accidents. The duty was breached when Bobby, while carrying the saucy platter, Bobby failed to notice his mistake and carelessly continued to serve customers.
But for the Bobby’s action of negligently spilled sauce and not cleaning it up in a reasonable time, Luella would not have slid down the floor and slam into a salad cart which collided with table #27 and cause Bones’ chair to tip over and cause him to break his finger, and the same salad cart also causing Brew and Beano (who were seated at table #27 also) to choke on baby back ribs, since their table was also smashed into. It is reasonably foreseeable that the spilled sauce that was left out and not cleaned up in a reasonable amount of time would cause someone, like Luella, to slip on it and fall. It is also reasonably foreseeable that the neglected sauce mess which wasn’t cleaned in a reasonable amount of time would cause someone, like Luella, to slip and fall and slam into a salad cart, causing the cart to be projected. It is reasonably foreseeable that sauce on the floor which was ignored and not cleaned in a reasonable amount of time would cause someone, like Luella, to lose her balance, push into a salad cart, send it flying into a table, like table #27, and cause a chair, like Bones’, to tip over and cause him to break his finger. It is also reasonably foreseeable that sauce that was left out on a center aisle and not cleaned up in a reasonable amount of time would result in someone, like Luella, to slip and slide, fall into a salad cart, cause the cart to start moving into a table, like table #27, and cause a chair, like Bones’, to move and cause him to break his finger, and for the same salad cart to cause others, like Brew and Beano, at the table to be startled and to choke on their food. Concerning Bobby Robino’s liability, he is not responsible for Mr. and Mrs. Obese as there was no negligent act nor injury that directly impacted them. Larry Lunch, in addition, cannot sue Bobby because he too was not affected by the negligent acts. On the other hand, Luella Lunch can sue for monetary compensation concerning her physical/mental injury. Bones, Brew, and Beano are also able to pursue compensation for their injury/distress because of the negligent act which took place. The Saturday night in no way ended there. Johnny Joke decided to be funny by taking advantage of the sauce on the floor and attempted to “sauce surf”. This action is outside of the proximate cause zone and makes Joke an intervening causor. As for Bobby Robino’s liability, from this point forward, he is no longer at fault since an intervening causor exists.
Joke had the duty to avoid the mess and not to walk through the mess of sauce. Joke breached the duty by intentionally sliding through the center aisle and trying to ‘”sauce serf”. But for the negligent act of Joke “surfing” through the sauce in the restaurant, he would have not crashed through the front picture window of Bobby Robino’s Ribs and Chicken, and tumble into the parking lot, causing the oncoming driver Wanda Whiplash to slam on her breaks, and thus having her breaks lock up and swerve to the right and hit Donald Dump’s parked car which he was occupying and having his passenger, Marla Maiden, injured and resulting into additional injuries for Dump and Maiden.
It is reasonably foreseeable that someone, like Joke, “sauce surfing” down an aisle at a fast speed would result in that person crashing through the front picture window of a restaurant and end up in the parking…