Jerry is a shoe salesman. While walking to work, he passes a woman who is choking on a piece of candy. The woman motions for him to help her. Jerry would like to help, but is late for work. He smiles at the woman and says, "I hope you feel better." The woman falls to the ground and dies. The woman's family sues Jerry for failing to help her, which directly led to her death. The court will likely rule $-$

In favor of the family, since Jerry had a duty to help her.

In favor of Jerry, because salesmen are immune from lawsuits.

In favor of the family, under the Good Samaritan laws.

In favor of Jerry, under the common law bystander rule.