When pam entered the restaurant she asked a waiter

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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. Answer Pam V Diner Pam in this case would be suing for negligence - a breach of duty which is the reason direct or indirect as to the damages to a person or their property. In order for Pam to prove up to negligence, we must identify the responsibilities owed to her (and other patrons) by the restaurant. Duty - the diner has a general duty to exercise care in preventing harm to its patrons, and a special duty, as the diner is open for business they must fulfill a special duty to ensure the premises are safe for invitees (patrons), via regular inspection to prevent harm while they are on the premises.
2 Martinez 7871/ Legal Writing 604 /Assignment #9 The fact pattern shows that Pam drove to Diner with the objective of eating there, so this defines her as an invitee to the business. As such, Diner owes Pam (and other patrons) the duty to advise them of issues/harm in the parking lot, inclusive of criminal activity and their failure to prevent them. Where did Diner go wrong? The fact pattern does not show that Diner warned clients of potential criminal activity in the parking lot, nor did they create a solution towards such by hiring a security guard, or walls/fences to prevent criminal activity. Diner may argue that the presence of two security cameras in the parking lot would suffice, however they do do anything to warn or fix the situation. Because of this, Negligence can be asserted and Diner be assigned the cause for Pam being the victim of a crime, Diner had more opportunities to correct the issue of robberies and criminal activity in the parking lot. Pam is therefore entitled to damages for her lost property and emotional distress as a result of the crime committed onto her. Pam V Diner - Broken Arm Duty - Special Suty - as defined above Breach - as defined above. Diner has to exercise care to its patrons, invitees such as Pam. In this case, the pothole had been there and aside customer complaints, the pothole had not been fixed, as visible as it is. Diner made no attempts to place a cone, warning, or caution tape diverting people from the pothole. In this case, Pam was a victim of the pothole; in any circumstance; the pothole could not have been avoided. Therefore Diner breached their duty of care and Pam should be awarded damages for her broken arm, and emotional distress thereof. Diner cannot assert any defenses in this case - the circumstances related to Pam, caused her to act/run in a manner reasonable to her safety and welfare. Pam v Diner 911 Call Special Duty/Duty/Negligence - as defined above. In this case, Pam asked Wayne to use the phone; Wayne provided incorrect information and acted upon it, therefore Diner breached their duty to exercise care for their invitees. However, in this case another patron enabled Pam to call for help. So Pam’s damages were stopped as she was able to get help. Since there are no damages, Negligence becomes obsolete to further discuss in this specific matter.

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