• Please provide a typed answer to the attached question. The question should be one and a half (1.5) pages (double spaced) in length. Remember to list ALL elements for law discussed.

Question #1

Michael Smith is addicted to NASCAR and loves to speed when he drives his Honda Accord. On the morning of March 20, 2020, Michael drives his vehicle on Route 22 Westbound to get to work. Michael realizes that he is going to be late for an important meeting so he begins to speed. The posted speed limit is 50 miles per hour in that section of Route 22. There is moderate rush hour traffic that morning, and Michael continues to change lanes to weave in and out of traffic.

At some point during the speeding and changing of lanes, Michael spills his coffee on his lap. While distracted, Michael slams into the back of the Toyota Camry thats in front of him. The Toyota is driven by Christine Miller. Christines car is pushed into oncoming traffic, and her vehicle is struck by another car.

Christine is taken by ambulance for injuries sustained. Ultimately, it is determined that she fractured her back from the crash, and it will take one surgery extensive physical therapy to recover. She sues Michael for her injuries under a negligence theory of recovery.

1. What elements does Christine have to prove to make out a claim that Michael was negligent? (go through each element and match up facts that she would argue to make her case out.i.e. what duty of care did Michael owe Christine?, etc).
2. What damages could Christine recover?
3. Do you think Christine would be successful?