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? If not, why?

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

$(4$a$)$ Mr$.$ Martinez argues that Amazon owed him a duty. What would he argue that this duty is$?$

$(4$b$)$ Mr$.$ Martinez argues that Amazon breached this duty. What would he argue as the breach?

$(4$c$)$ Mr$.$ Martinez argues that Amazon$$s conduct caused his injury. How?

$(4$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 $--$ do you think Mr$.$ Martinez has a successful claim against Amazon? Why or why not?