Question: Smith had been told by his mechanic that he was in desperate need of brake repairs on his car and that his brakes could fail

Smith had been told by his mechanic that he was in desperate need of brake repairs on his car and that his brakes could fail at any time. Because he lacked the money to have the work done, Smith continued to drive the car. The brakes failed, and he crashed into a car driven by Fairchild. Fairchild saw Smiths car coming towards him and was terrified because he knew that he was about to be hit. Fairchild told his wife that he could see Smiths beady eyes staring at him as Smiths car sped towards Fairchild and crashed into his vehicle. Fairchilds left arm and leg were severely broken in the crash, and because his cars frame was sprung by the impact, he was trapped in the car for almost an hour before rescue workers could free him. During the time that Fairchild was trapped in the car, he could smell gasoline which he concluded was due to his car having a ruptured gas tank from the impact. He feared that his car might catch on fire at any time. Since he was trapped in his car against his will due to the cars frame being sprung from the impact, he was tormented by constant dread that he might perish in his burning car. Since the car crash, Fairchild suffers from very frequent nightmares in which he relives the accident especially his fear of perishing in a fiery car explosion. These nightmares cause him to wake up trembling and in a cold sweat. These nightmares have also affected his ability to obtain restful sleep, which has caused Fairchild to be unable to concentrate, as well as have the symptoms of fatigue, moodiness, forgetfulness, and irritability. These symptoms have negatively affected his relationship with his family.

Fairchild hires Harry Z. Barker, a renowned personal injury lawyer to represent him. Answer the following demonstrating your full depth and breadth of knowledge as well as fully providing support and references (from your text) supporting your conclusions:

  1. Identify all viable legal cause(s) of action and defenses (specifically identifying them by name and state their corresponding liability ramifications).
  2. Determine how the court and/or jury would rule on those causes of action and defenses that you identified in (a) above.
  3. Enumerate and provide an in-depth discussion of the types of damages that Fairchild would be able to recover if successful and state why.

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