According to the City of Everest’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 City’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 Mayor’s famous fancy suits.
When the letter arrived at the Mayor’s office, an intern opened the letter, and the glitter immediately sprang out of the envelope. The glitter went all over the intern’s desk, computer, and the floor. The glitter also went all over the intern herself. Some of the glitter got into the intern’s eye, scratching her cornea. While the intern did not suffer permanent eye damage, she did require several doctor’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?
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