In California, an Amazon delivery driver was caught on camera spitting on his hand and wiping his saliva on the package he was dropping off.Based on this video, discuss whether Mr. Martinez, the package recipient, has any viable tort claims. Does Mr. Martinez have a viable tort claim against the Amazon delivery driver? If so, what cause(s) of action could Mr. Martinez potentially argue?

4. Now analyze the situation like a Tort claim. Assume that Mr. Martinez goes and files a negligence claim against Amazon.

(a) Mr. Martinez argues that Amazon owed him a duty. What would he argue that this duty is?

(b) Mr. Martinez argues that Amazon breached this duty. What would he argue as the breach?

(c) Mr. Martinez argues that Amazon's conduct caused his injury. How?

(d) Assume further that the Amazon delivery driver never had COVID-19 and that Mr. Martinez never contracted COVID-19. Although Mr. Martinez did not contract COVID-19, Mr. Martinez states that he suffered substantial emotional injuries due to stress and fear that he and his family had contracted COVID-19 after watching the security cam footage. Now determine -- is this a legally cognizable claim? Why or why not?