A boy mowing his lawn noticed a strong vibration from the engine but continued to mow. The engine housing suddenly broke apart and pieces flew off the lawnmower. One piece struck the boy in the head, seriously injuring him. The boyâ€™s mother was inside the house and heard yelling from the backyard. She went to the window and saw her son lying on the ground by the lawnmower and a friend of his kneeling over him. She became very upset and fainted. Subsequent investigation showed that a negligent repair by a local mechanic caused the engine housing to shatter. The mother brought a lawsuit against the mechanic, seeking recovery for her sonâ€™s injury and the emotional distress she suffered. Can the mother recover damages for her emotional distress?

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Social Studies

1 January, 14:23

A boy mowing his lawn noticed a strong vibration from the engine but continued to mow. The engine housing suddenly broke apart and pieces flew off the lawnmower. One piece struck the boy in the head, seriously injuring him. The boyâ€™s mother was inside the house and heard yelling from the backyard. She went to the window and saw her son lying on the ground by the lawnmower and a friend of his kneeling over him. She became very upset and fainted. Subsequent investigation showed that a negligent repair by a local mechanic caused the engine housing to shatter. The mother brought a lawsuit against the mechanic, seeking recovery for her sonâ€™s injury and the emotional distress she suffered. Can the mother recover damages for her emotional distress?

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Answers (1)

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Gordon Cervantes · Answer 1

Yes she can recover damages for her emotional distress

Explanation:

The local mechanics negligence while repairing the mower is a reckless which caused the injury to the son and indirectly affecting the mother emotionally because of fear cause by injury o the son, so under common law which allows for individuals to recover for severe emotional distress caused by another individual due to his recklessness.