When coming to eat dinner at the diner thus diner is

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when coming to eat dinner at the Diner. Thus, Diner is the proximate cause of Pam’s injuries. General Damages General damages are those damages that flow from the tort. Plaintiff must have sustained actual damages to his or her person or property to recover for negligence. Pam should be able to recover for the loss of her purse and cellphone. Negligent Intentional Infliction of Emotional Distress Intentional infliction of emotional distress is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way. Pam could argue that Diner knew of the crimes that were being committed in the parking lot and that Diner owed a duty to protect all of their patrons parking in the parking lot while dinning in their restaurant. Pam also could argue that being robbed at gunpoint caused her emotional distress. Not knowing if the robber intended to shot her after robbing her. Diner will argue that Pam was not in mental distress because she got up immediately and ran through the parking lot to get help in recovering her items. There still was no evidence that Pam suffered an unreasonable level of harm or risk because of Diner’s negligent. Thus, it will be hard for Pam to recover for negligent infliction of emotional distress. 2. Pam’s Broken Arm Negligence Defined supra. Special Duty-Land Occupier-Invitee Defined supra. Diner knew about the pothole, which was visible to patrons. Pam was an invitee on their premises and was owed a duty of care to warn her of the pothole. Breach Defined supra. Customers had complained about the pothole for several weeks and Dine still didn’t attempt to fix it. Diner failed to warn it patrons of the pothole in the parking lot this breached their duty of care owed to Pam. Thus, Diner breached its duty of care. 2
Legal Writing 604 Assignment #9 Myles 8019 Actual Cause ‘But For Diner not warning Pam of the pothole in the parking lot she would have not fallen into it and broke her arm. Thus, Diner is the actual cause of Pam’s injuries. Proximate Cause Defined supra. Diner could argue that the pothole was readily visible to pedestrians. 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. If Pam wasn’t in a hurry to get to the Diner to call and get the robber before he left the parking lot she probably would have voided falling in the pothole. It would not have been foreseeable that Pam or patrons would fall into the pothole.

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