when coming to eat dinner at the Diner.
Thus, Diner is the proximate cause of Pam’s injuries.
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
Special Duty-Land Occupier-Invitee
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.
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.