Legal Writing604 Assignment 9 Clouse 6931.doc - Clouse 6931...

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Clouse 6931 Pg 1 Pam drove to Diner, a local restaurant, at about 5:00 p.m. When she got out of her car in Diner’s parking lot, she was robbed at gunpoint by an unknown assailant, who took her purse and her cellular phone. Pam later discovered that she was not the first victim of a crime in the Diner parking lot. In the past year, two other customers had been the victims of auto burglaries, which occurred while they were dining inside the restaurant. Diner put two video cameras in the parking lot, but did not hire security guards to patrol the parking lot. As the robber began to flee, Pam wanted to get help and decided to run into Diner to use one of its telephones. She hoped that by calling “911” quickly, the robber could be apprehended and her property returned. As Pam ran across the parking lot she tripped in a large pothole and fell and broke her arm. Diner had not repaired the pothole, although customers had been complaining about it for weeks. All of the complaints were from customers who had not spotted the pothole while driving, hit it, and worried that their tires 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 problem and avoided it. When Pam entered the restaurant, she asked a waiter, Wayne, to let her use Diner’s phone to call “911.” Wayne refused to let her use the telephone. He said Diner’s policy limited use of the telephones to employees making business-related calls and strictly prohibited calls by customers. In fact, Pam later found out that Wayne had misstated the policy, which included an exception for emergencies. When Wayne refused, another customer promptly called “911” for Pam, using his own cellular phone. The paramedics and police arrived shortly thereafter, enabling Pam to get immediate treatment. However, the robber was 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 against Diner, what defenses, if any, might Diner assert, and what is the likelihood Pam will be successful 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 loss of her purse, her cellular phone, and her emotional distress as a result of the robbery? Discuss. Pam v. Diner Negligence Negligence occurs when there is a duty owed, the duty was breached, and that that breach was the actual and proximate cause of Plaintiff’s damages. 1
Clouse 6931 Pg 2 Special Duty – Invitee A special duty is owed by land occupiers to invitees. An invitee is someone who enters the land to perform business with the land occupier. The landowner owes the invitee a duty of care which includes inspecting and discovering any dangerous condition and curing those conditions to make the premises safe.

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