Case Analysis: Alex vs. Bethlehem Lodge & Becky's Cleaning Service

This case study analyzes the negligence lawsuit of Alex against the Bethlehem Lodge and Becky's Cleaning Service. Alex, a guest at the lodge, sues after slipping on a wet bathroom floor. The case involves complex legal principles, including agency, independent contractor status, vicarious liability, respondent superior, and scope of employment. The analysis examines the roles of Monica (the cleaning worker), Becky's Cleaning Service, and the Bethlehem Lodge, focusing on the application of these legal concepts to determine liability. Issues of negligent hiring and comparative negligence are also explored. The case study delves into the arguments presented by both the plaintiff and the defendants, providing a comprehensive overview of the legal issues and potential outcomes.

Alex is a guest in the Bethlehem Lodge, a small family-owned hotel in the Adirondacks.
The summer season is so busy that the Glenmont family, the owners of the hotel, can
no longer keep up with all the necessary housekeeping. For the first time, they feel the
need to hire help. They contact Becky's Cleaning Service, a local franchise of a
nationwide chain that supplies domestic help, and enter into a contract for Becky's to
supply a maid every day for the month of August. Bethlehem Lodge will pay Becky's
directly, and Becky's will pay the maid. Knowing how picky the Glenmont family is,
Becky's chooses one of their best and most experienced workers, Monica, to go to the
Bethlehem Lodge. Monica has worked for Becky's for 10 years and has undergone
extensive "Beckyification"--she took a course in how to clean a bathroom that included
instructions that on a nice day, the most efficient and time effective way (since on most
Becky's projects the workers get paid by the hour) to dry a floor was to open a window
and let the floor air dry.
The first day Monica shows up at the Bethlehem Lodge, Mrs. Glenmont gives her the
tour--she gives Monica specific instructions regarding what rooms to clean, when to
clean them and how to clean them. Mrs. Glenmont is particularly fussy about the
bathrooms--she tells Monica that she wants the bathroom floor scrubbed and then dried
with a towel. Lastly, she gives Monica a "Bethlehem Lodge" shirt to wear over her
Becky's shirt--the shirt is a regular T-shirt that has the words "Bethlehem Lodge--Staff"
on the front.
Monica then goes on her appointed rounds, and her first room is that of Alex. She
knocks on the door, Alex greets her, and then he leaves. Monica cleans the room
according to Mrs. Glenmont's instructions, except for the bathroom. Instead of getting
down to dry the floor, Monica mops it semi-dry, opens a window, turns out the light and
leaves the room. Alex returns from breakfast, and, you guessed it, slips on the damp
bathroom floor and breaks his leg.
As is the norm in the year 2006, Alex sues everyone--Monica individually, Becky's, and
the Bethlehem Lodge under a theory of negligence. The trial is proceeding, and
everyone is claiming and cross-claiming and counterclaiming. You are assigned to
represent THE PLAINTIFF, ALEX.
In the lawsuit, the following legal principles are being raised by either the plaintiff or
defendant, or both:

 Agency
 Independent Contractor
 Vicarious Liability
 Respondent Superior
 Scope of Employment or agency
 Negligent hiring
 Comparative negligence