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QUESTION

The Oklahoma State Board of Cosmetology inspected the equipment of Poteau Beauty College and found it to be in satisfactory condition.

The Oklahoma State Board of Cosmetology inspected the equipment of Poteau Beauty College and found it to be in satisfactory condition. A month later, Marilyn Sue Weldon, a student at Poteau, was injured when a salon chair failed to work properly. Weldon had washed the hair of a woman with the chair in a reclining position. The chair did not spring back, and due to a previous injury, the client had to be helped into an upright position. The chair was close to a manicure table, and in maneuvering around the table, Weldon twisted her back. Weldon filed a suit in Oklahoma Federal District court against Poteau and others, claiming that the college was negligent. Decide who should win and why.

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