Dean owns an aircraft paint shop. Dean sends one of his employees, Ricardo, into an

industrial tank to clean and inspect a tank used to store industrial solvents used for paint removal.

Ricardo (with Dean's knowledge) does not wear the protective gear required by regulation and is

overcome by the fumes in the tank. As a result, he becomes incoherent and hallucinates. Ricardo

is transported to a nearby hospital emergency room where Paula, a nurse, is assigned to his case.

While in a state of delirium, Ricardo strikes Paula, causing her serious injury.

Paula sues Dean

alleging him to be negligent in the supervision of Ricardo.

Does Paula have a negligence case against Dean and will she recover damages from Dean

for her injuries?

FULLY ANALYZE

the issues presented by this question and

FULLY EXPLAIN

YOUR ANSWER

based on

ALL

the issues associated with

NEGLIGENCE

and the

PRIMA FACIE ELEMENTS

and

OTHER ISSUES

necessary to support a claim of

NEGLIGENCE

including applicable

DEFENSES.