"Slip and Fall"
The answer to the question posed in the “slip and fall” problem depends on both the individual(s) in question and the rule that one applies to the facts at hand. First, note that the “control group” theory will not be applicable in this case since it was overruled by the United States Supreme Court in the Upjohn case (if the “control group” theory did apply [for arguments sake] we do not think that any the communications in “slip and fall” would be privileged because it does not seem that any of the 7 individuals questioned were high ranking decision makers at Tracy’s).
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