Plaintiff went to the beer store to buy 32 ounces of beer with the money Plaintiff had.

Plaintiff went to the beer store to buy 32 ounces of beer with the money Plaintiff had. Instead of buying beer, Plaintiff stole beer and was shot in the back by a store employee, defendant, as Plaintiff ran to his car with a barrel of stolen beer. When committing the act of stealing beer, the plaintiff did not bring a knife. Defendant asked Plaintiff to return the beer to the store and did not notify the police. Plaintiff also lied to police that someone in a truck had shot him because he had been arrested five times for theft, indecent conduct and assault with a deadly weapon. During the time of the shooting, Plaintiff was sentenced to 36 months probation and 120 days in prison at Pomona Superior Court for grand theft.

After being treated by doctors by removing the kidney and stitching up Plaintiff’s stomach, Plaintiff went to the County Jail to serve his previous theft conviction.

Before being shot, Plaintiff had a seizure after drinking and having fun at his girlfriend’s birthday party at an entertainment center.

After being shot, Plaintiff often could not  sleep. Plaintiff had abdominal pain twice a day. During his six months in the County Jail, Plaintiff had five seizures, and they gave Plaintiff morphine and Dilantin for pain relief. When Plaintiff had a seizure, they took him to the Medical Center for three months for treatment. In addition to abdominal pain, trouble sleeping, and convulsions, Plaintiff also suffered from diarrhea. Plaintiff can no longer do what Plaintiff enjoys like playing football, baseball, basketball, and golf. Plaintiff is depressed and doesn’t trust anyone.

Plaintiff sued against Defendant over Battery. (An offensive touching or use of force on a person without the person’s consent). The amount Plaintiff claims is $10,000.00.

Question: Can Plaintiff win this case?