Gustavo invited Sam over to his house to watch a football game on Gustavo's new television. During the game, which lasted approximately 3 hours, Gustavo and Sam each consumed a large amount of alcohol. Sam, who had a well-known habit of consuming large amounts of alcohol, had purchased the alcohol at the local liquor store. After leaving Gustavo's house, Sam lost control of his car and crashed into a car driven by Matsui. As a result of the accident, Matsui suffered severe injuries including partial paralysis. Matsui sued Sam and Gustavo for compensation for his injuries. The parties held an examination for discovery and it was revealed that Matsui was not wearing his seatbelt at the time of the accident.

a) Is Matsui likely to be successful in his action against Gustavo? Explain. (3 points)

b) How does Matsui's failure to wear a seatbelt affect the outcome of the case?