As a paralegal, you may be actively involved in gathering information from numerous sources, including the client. It is crucial therefore, that you understand the elements needed to prove various causes of action, so that you can gather the necessary and relevant information from a client.
Your supervising attorney, John Water, has briefly met with a client, Yvonne, who was involved in an altercation over the weekend. John has asked you to meet with Yvonne to gather additional information so he can determine if she has a case, and against whom. Yvonne explains that she was at her favorite restaurant over the weekend, and ordered her favorite meal, spaghetti with meatballs. She made sure to tell the waitress that she wanted gluten-free spaghetti, as she was allergic to gluten. After consuming a portion of her meal, the waitress frantically told Yvonne that the kitchen used regular noodles, as opposed to the gluten-free noodles she requested. Yvonne was quite alarmed. She quickly paid her bill so she could return home for her medication; however, as she was exiting the restaurant, she tripped over a mop that the janitor had carelessly left in the middle of the floor. Yvonne’s ankle was in pain from her fall, but she was more concerned about obtaining her medication. She limped out of the restaurant towards her car. At that exact moment, Duane, who was intoxicated, sped through the parking lot, and hit Yvonne. Billy, the janitor, witnessed the hit and run, and immediately called an ambulance. Yvonne was taken to the hospital and treated.
Using the fact pattern provided above, write a 2-3 page paper explaining the elements of a cause of action for negligence. Identify against whom Yvonne may have a claim of negligence, and which facts from the fact pattern support each individual element for such a claim. Then, identify which information you would still need to gather for a successful claim of negligence.