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As discussed in contributory negligence Diner will say that Pam ran though the parking lot causing her own injury.Pam will say that she panicked since she was robbed at gunpoint and was trying to call the police.Thus, comparative negligence could be a valid defense.3. Exacerbation of her injuries due to Wayne’s refusal to allow her to use Diner’s phone to call “911”? Discuss.Negligence
Legal Writing 604Assignment #9Myles 8019Pam will argue that since Diner was responsible for her injuries Wayne should have jumped to her aid to help.Thus, Wayne, as an employee of Diner has a duty of care to give to Pam.Vicarious LiabilityEmployers are vicariously liable, under the respondeat superior doctrine, for negligent acts or omissions by their employees in the course of employment.Since Wayne was an employee at Diner an employee/employer relationship was established between Wayne and Diner. Wayne refused to let Pam use the telephone to call 911. He said Diner’s policy limited use of the telephones to employees making business-related calls and strictly prohibited calls by customers.Thus, Diner is Vicariously Liable for Wayne’s Conduct.BreachDefined supra.Wayne owed a duty of care to Pam because she was a patron of Diner. Wayne refused to let her use the phone to call 911 by stating that Diner’s policy limited use of the telephones to employees making business-related calls and strictly prohibited calls by customers. Diner did allow use of the phone if it was an emergency and Wayne’s failure of not knowing the policy wasresulting in a breach of duty to Pam.Thus, Wayne was guilty of breaching his care of duty owed to Pam.Actual CausePam could say that it was Wayne’s fault that the police didn’t get there in time to stop the robber from leaving the parking lot and catching him. Wayne will argue that since he didn’t let her use the phone a patron who was in the restaurant called 911 right away. So, the robber wouldn’t have been caught anyway because the police arrived within five minutes of the call. Pam received immediate care for all her injuries by the paramedics.Thus, Wayne was not the actual cause of Pam’s injuries by not letting her use the phone.5