An automobile accident occurred at an intersection when Joseph Bruno drove through a red light at a high rate of speed and crashed into a bus that was going through the intersection with a green light. Joseph's automobile jumped the curb and hit a building occupied by a restaurant. Jane Benson was seated in the back to restaurant. The impact of the automobile with the building did not affect her. However, a waiter standing next to Jane was holding a pot of coffee filled to the brim and he was startled by the sudden noise. He spilled the pot of coffee on Jane, causing third degree burns on portions of her hands, arms and legs.

(1) Does Jane have a valid negligence claim against Joseph? Why or why not?

2) Does Jane have a valid negligence claim against the waiter? Why or why not?