According to the City of Everestâ€™s battery statute, to establish a prima facie case of battery, the plaintiff must show that the defendant voluntarily and intentionally caused a harmful or offensive bodily contact to occur.
A man living in the City of Everest was unhappy with the environmental policies of the Cityâ€™s new Mayor. The man decided to send the Mayor a letter expressing his concern regarding the policies. Before mailing the letter, the man emptied four jars of multi-colored biodegradable glitter into the envelope, hoping that when the mayor opened the letter, the glitter would pop out, and get all over one of the Mayorâ€™s famous fancy suits.
When the letter arrived at the Mayorâ€™s office, an intern opened the letter, and the glitter immediately sprang out of the envelope. The glitter went all over the internâ€™s desk, computer, and the floor. The glitter also went all over the intern herself. Some of the glitter got into the internâ€™s eye, scratching her cornea. While the intern did not suffer permanent eye damage, she did require several doctorâ€™s visits, had to apply medicated eye drops for two weeks, and had reduced vision for approximately 48 hours.
in a page If the intern sues the man for battery. Is she likely to prevail?