Jul
16
At a little league game, a seven-year-old boy was called out on strikes. The boy’s father was so infuriated with the umpire’s decision that he shouted in a loud voice, “Kill the umpire.” The boy, who was still holding his bat, swung the bat at the umpire. The umpire ducked and the bat flew out of the boy’s hands and struck a spectator, who was seriously injured.
In a tort action by the umpire against the boy:
A. The umpire could recover only on an assault theory.
B. The umpire could recover either on an assault theory or a negligence theory.
C. The umpire could recover only on a negligence theory.
D. The umpire could not recover.
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