John, age 14 and Dave, age 14 are throwing the football back and forth at the beach. John sees Sally lying on a towel getting some sun.

In the fact pattern below, we have changed the facts slightly. Review the new fact pattern and answer the questions at the end.

John, age 14 and Dave, age 14 are throwing the football back and forth at the beach. John sees Sally lying on a towel getting some sun. Sally is lying on her stomach and has untied the straps of her bikini top to avoid getting tan lines.

John say to Dave: “Throw the ball as close to Sally as you can. I think that if the ball scares her, she will stand up and give us quite a show”

John starts running toward Sally and Dave deliberately throws the football over John’s head to approximately where Sally is.

At about the same time, Grandma and Grandpa Smith walk by Sally looking for seashells for their granddaughter. At the last second, Dave yells to Grandma and Grandpa, “Look out”

Grandma looks up, sees the football flying toward them, and screams and dives out of the way. Grandpa, who is hard of hearing doesn’t hear Dave yell and is hit in the face by the ball, breaking his nose.

Sally is startled by Grandma’s scream and stands up without her bikini top. Sally is very embarrassed because many of her friends see her topless. She immediately leaves the beach and refuses to return for the rest of the summer because she is afraid of further embarrassment.

Based upon these facts, did Dave commit:

A) an Assault

B) a Battery

C) Multiple Assaults and a Battery

D) Negligence

E) an Assault, a Battery and Negligence

F) Assault, Battery, and Intentional Infliction of Emotional Distress

G) Something else

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