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 negligence.
Does Paula have a negligence case against Dean and will she recover damages from Dean for her injuries?
FULLY ANALYZE (not necessary to discuss Case/Controversy or Standing) the issues presented by this question and FULLY EXPLAIN YOUR ANSWER based on ALL (start at the beginning of our discussions regarding NEGLIGENCE) the issues associated with NEGLIGENCE and the PRIMA FACIE ELEMENTS and OTHER ISSUES necessary to support a claim of NEGLIGENCE and applicable DEFENSES.
ANSWER THE QUESTION AND, PLEASE REFRAIN FROM INCLUDING FACTS NOT IN EVIDENCE!
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