About it for weeks all of the complaints were from

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about it for weeks. All of the complaints were from customers who had not spotted the potholewhile driving, hit it, and worried that their tires would be knocked out of alignment. The potholewas readily visible to pedestrians. Had Pam not been so panicked by the robbery, she likelywould 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 thetelephones 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 foremergencies. When Wayne refused, another customer promptly called “911” for Pam, using hisown cellular phone. The paramedics and police arrived shortly thereafter, enabling Pam to getimmediate treatment. However, the robber was never apprehended and Pam never recovered herpurse or her cellular phone.Pam is suing Diner. Under what theory or theories might Pam bring an action against Diner, whatdefenses, if any, might Diner assert, and what is the likelihood Pam will be successful inobtaining damages for:

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Term
Spring
Professor
N/A
Tags
theft, Cellular network, robbery

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