Jim Nester drowns while swimming in a pool operated by Fun Center, Inc. The death is solely due to the negligence of Fun Center, Inc. Jim was at the pool with his stepfather, Frank Carter. (Frank married Jim's mother a month before Jim's death. Frank had lived with the mother for about three weeks before the marriage.). Jim was accidentally pushed into the pool by a careless lifeguard. Frank did not see this, but he heard a stranger scream when Jim fell in the water. When he heard the scream, Fred looked over in the direction of Jim. Since people had gathered around, he was not certain what had happened. He walked over and saw Jim being pulled from the water. Frank gasped in horror when he say Jim's face turn blue. As a lifeguard started carrying Jim to an ambulance, Frank panicked. He felt dizzy and almost fainted. He has been unable to sleep because of Jim's death. After the funeral, Frank sued Fun Center, Inc. for NIED. What are the chances of success?

Jurisdiction is North Carolina/United States

Class is Civil Injuries