Candie Cardigan has been asked to model CARDWARE’s newest sweater line that is made of thin and yet warm material, called Naturally There, as it can withstand temperatures of 30 below 0. Because this will provide CARDWARE with good publicity of its newest clothing line, she agrees to walk the runway in Fashion City. The modeling event is being held at the Easton Hotel. Celebrities and those involved in the fashion industry will be in attendance. Several models precede Candie and her debut of Naturally There. Clad in a tasteful skirt, 4-inch high heels and a green Naturally There sweater, Candie proceeds to the end of the runway. A small wrinkle in the carpet causes Candie’s left shoe to get caught and she falls over the end of the runway onto the row of judges. Unfortunately, Myra, a judge and world renowned model, suffers a broken nose and cut to her face from one of Candie’s shoes. Myra wants to bring a lawsuit based on negligence against CARDWARE and Candie.

Assignment Instructions You are the paralegal working for CARDWARE’s corporate counsel and have been asked to draft a memorandum to the CEO, Casandra (Cassie) Cardigan and discuss the following:

1. The elements one must establish to bring a cause of action based on negligence.

2. Potential defenses that CARDWARE and Candie may use against Myra’s claim.