What type of motion should axel file

Assignment Help Other Subject

Reference no: EM133532573

Problem

While Bob and his wife, Sally, were jogging in Balboa Park in San Diego, a car driven by Axel suddenly careened off the one-way road striking Bob and narrowly missing Sally. Sally saw the car coming, but was unable to warn Bob in time and witnessed him being struck. While Sally is not injured, she suffered severe emotional distress from seeing her husband being critically injured. Sally sues Axel on the above facts, claiming a right to damages for negligent infliction of emotional distress. Axel moves to dismiss the complaint under Rule 437c of the California Rules of Civil Procedure.

Assume the California law bars recovery for emotional injuries without accompanying physical impact, but Sally has worded her complaint generally, alleging Axel negligently drove his automobile and such negligence proximately caused injuries to Sally, for which she claims damages. Axel moves for failure to state a claim. What type of motion should Axel file, and will his motion be denied or granted? Give your reasons for your opinion.

Suppose that is support of Axel's motion he provides sworn testimony from Sally's deposition wherein she admitted she was not struck by his car. Sally responds to Axel's motion with an affidavit stating in detail the emotional injuries she suffered and how they manifested. She also submits evidence of lost wages and authenticated bills for psychological care due to her emotional injuries. Give your opinion as to the outcome of the motion based on these facts.

Reference no: EM133532573

Questions Cloud

Why is the advice given by previous rma regarding travelling : Why is the advice given by the previous RMA regarding travelling back to Australia on an ETA incorrect? What could stop Mark from obtaining an ETA in the UK?

Provide a description of an employee retraining process : Provide a description of an employee retraining process for password security violations.

What are some common retail approaches : What are some common retail approaches that a company would typically incorporate into its business or marketing strategy? Do these approaches work for large

Define the centre for sustainable transportation : Can sustainable transportation, as defined by the Centre for Sustainable Transportation, be achieved in Canadian cities?"

What type of motion should axel file : What type of motion should Axel file, and will his motion be denied or granted? Give your reasons for your opinion.

How many days are required to produce a batch : What is the average inventory for this problem and What is the total annual inventory cost (holding plus setup) of the optimal behavior in this problem

Compare hofstede cultural dimensions for the countries : Compare Hofstede's cultural dimensions for the countries of Luxembourg, India, and Japan. Discuss Arcelor's motivation to be acquired byMittal and Mittal

How can we best utilize personality traits of employees : how can we best utilize personality traits of employees to achieve efficiency and effectiveness in the workplace?

What is five big volcanoes on hawaii shield volcanoes : The term shield volcano was proposed by Captain Cook upon first seeing the Big Island upon realizing that the large mountainous forms were volcanoes.

User Account

All Pages