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Pam drove to Diner, a local restaurant, at about 5:00 p.m. When she got out of her car inDiner’s parking lot, she was robbed at gunpoint by an unknown assailant, who took herpurse and her cellular phone. Pam later discovered that she was not the first victim of acrime in the Diner parking lot. In the past year, two other customers had been the victimsof auto burglaries, which occurred while they were dining inside the restaurant. Diner puttwo video cameras in the parking lot, but did not hire security guards to patrol the parkinglot. As the robber began to flee, Pam wanted to get help and decided to run into Diner to useone of its telephones. She hoped that by calling “911” quickly, the robber could beapprehended and her property returned. As Pam ran across the parking lot she tripped in alarge pothole and fell and broke her arm. Diner had not repaired the pothole, althoughcustomers had been complaining about it for weeks. All of the complaints were fromcustomers who had not spotted the pothole while driving, hit it, and worried that theirtires would be knocked out of alignment. The pothole was readily visible to pedestrians.Had Pam not been so panicked by the robbery, she likely would have noticed the problemand avoided it.When Pam entered the restaurant, she asked a waiter, Wayne, to let her use Diner’s phoneto call “911.” Wayne refused to let her use the telephone. He said Diner’s policy limiteduse of the telephones to employees making business-related calls and strictly prohibitedcalls by customers. In fact, Pam later found out that Wayne had misstated the policy,which included an exception for emergencies. When Wayne refused, another customerpromptly called “911” for Pam, using his own cellular phone. The paramedics and policearrived shortly thereafter, enabling Pam to get immediate treatment. However, the robberwas never apprehended and Pam never recovered her purse or her cellular phone. Pam is suing Diner. Under what theory or theories might Pam bring an action againstDiner, what defenses, if any, might Diner assert, and what is the likelihood Pam will besuccessful in obtaining damages for: 1.The loss of her purse, her cellular phone, and her emotional distress as a result of the robbery? Discuss. 2.Her broken arm? Discuss. 3.Exacerbation of her injuries due to Wayne’s refusal to allow her to use Diner’s phone to call “911”? Discuss.The Robbery of PamNegligenceIn order to establish a prima facie case it must be proved that a duty was owed to the plaintiff, the duty was breached and the actual and proximate cause of the plaintiffs injuries.
Special Duty/ Land owner- InviteeHere, the facts show that Diner is a local restaurant; thus, Diner is a landowner. Further,