1 the loss of her purse her cellular phone and her

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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. Answer Pam can sue Diner under the following theories: Falling do to the pothole as the Diner’s management was knowledgeable about it and was responsible for its repair whether visible or non-visible to pedestrians. She can claim monetary
compensation for her purse and cell phone, medical compensation for her broken arm, and pain and suffering as well. She can also sue the Diner for negligence for depriving her of her basic rights to seek safety in an emergency by falsely stating policies that about the use of the telephone. If the waiter would have knew the policy and let her make the call then the robber could have been caught and prosecuted and belonging recovered. Defenses that the Diner can allege The Diner could state that the pothole is visible to pedestrians and that Pam was injured due to being in a hurry. The Diner could argue that Wayne is a new recruit in training, and that they fired him when they found out that he told Pam a false policy. In this case the Diner could be deemed as not liable although, in my opinion it is highly unlikely that the court will side with the Diner.

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