Question
Mandy worked at a meat packaging plant. Joshua a salesperson was in the plant talking to Mandy when he failed to look where he was
Mandy worked at a meat packaging plant. Joshua a salesperson was in the plant talking to Mandy when he failed to look where he was going and knocked over a container rolling pins used to tenderize the meat. The pins rolled onto the plant floor and Neil, who was operating a welding torch, stumbled when he slipped on the rolling pin. His welding torch flew out of his hands and landed near some gasoline left by one of the delivery drivers for his truck. The gasoline caught fire and Neil who was next to it, also caught fire, suffering major burns to most of his body. Mandy the whole thing, but was not part of the accident or physically harmed by it in any way. However, Mandy had recurring nightmares and flashbacks about Neil being burned, could not return to work without suffering uncontrollable shaking, and had severe panic attacks whenever she saw fire, no matter how small. Mandy sued Joshua for her emotional and physical injuries. You represent Joshua. Your best argument would be to:
Move to dismiss Mandy's claims because her conduct was the superceding cause of the negligence.
Move to dismiss Mandy's claims because she did not suffer sufficient physical or mental injury.
Move to dismiss Mandy's claims because she was negligent in observing the accident.
Move to dismiss Mandy's claims because she did not suffer a foreseeable injury and she is not a foreseeable plaintiff.
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