Calvin entered Don’s Drug Store to make some purchases. As h…
Calvin entered Don’s Drug Store to make some purchases. As he was searching the aisles for various items, Calvin noticed a display containing automatic pencils on a high shelf behind a cashier’s counter. Calvin saw a sign on the counter that read, “No Admittance, Employees Only.” Seeing no clerks in the vicinity to help him, Calvin went behind the counter to get a pencil. A clerk then appeared behind the counter and asked whether she could help him. Calvin said he just wanted a pencil and that he could reach the display himself. The clerk said nothing further. While reaching for the display, Calvin stepped sideways into an open shaft and fell to the basement, ten feet below. The clerk knew of the presence of the open shaft, but she assumed incorrectly that Calvin had noticed it. Calvin sued Don’s Drug Store to recover damages for the injuries he sustained in the fall. The jurisdiction has adopted a rule of pure comparative negligence, and it follows traditional common law rules governing the duties of a land possessor.Will Calvin recover a judgment against Don’s Drug Store?