Plaintiff Fred Franks was driving his car on July 4, 2005, when he was hit from behind by defendant Joe Smith's car. Plaintiff filed a complaint on July 3, 2010, against the defendant in state court.

The complaint asserts causes of action for Negligence (ie., that the defendant drove his car so poorly, that he violated his duty not to injure the plaintiff, and that his driving proximately caused damage to be sustained by the plaintiff) and Intentional Infliction of Emotion Distress (ie., that the defendant intentionally drove his car into plaintiff, proximately causing the plaintiff to feel sadness, hurt and other negative emotions). The facts written in the complaint to support these causes of action comprised the following: "Defendant Joe's car intentionally hit plaintiff Fred Franks car so hard on July 4, 2005, that it caused Franks to feel physical pain from that day forward."

Question 1: Defendant's attorney wants to file a Demurrer. What grounds should she assert to win her Demurrer and why or why not should it be sustained? Question 2: Assuming the Demurrer is sustained by the court, should the defendant be given a chance to amend? Why or why not?