A Scenario: Evan is a Missouri resident and works for Redthumb Corporation as a landscaper. Redthumb is a landscaping company that is incorporated in and has its principal place of business located in Chesterfield, Missouri. Redthumb Corporation only does a small amount of work in Illinois. On a warm day in September, Evan's supervisor directed Evan to Moody Park in Fairview Heights, Illinois. Once there, he was required to plant a row of trees along a property line between the park and some newly developed residential homes. The supervisor indicated somebody had professionally surveyed the property line a few days prior. The surveyors had marked the boundary line with large, three- foot-tall orange stakes and some spray paint. Evan arrived at Moody Park and located the property line markers. He fired up his skid-steer and started to dig large holes onwhathethoughtwastheparksideofthemarkers. As Evan was digging the holes, a nearby homeowner, who Evan later learned was named Ashley, ran out her homes back door, and began frantically yelling and cursing at Evan. Evan turned off the skid-steer and got out of the cab to talk with Ashley. As he stood there and listened, he realized Ashley was furious that he was digging holes in what she believes was her backyard, although he thought he was digging holes in the park side of the property. Evan, confused by the raw display of anger and vitriol and being sure that he was on park property, did not move. Instead, he yelled back to Ashley that he was on park property and that she was more than welcome to call the police if she thought he was trespassing. Evan's comments caused Ashley to fly into a rage. She rapidly approached Evan and came within 12 inches of him and continued to scream that he needed to leave her property. Evan could feel the spit coming out of her mouth as she screamed at him. Evan, ordinarily level-headed, became defensive. Fearing Ashley was going to hit him he grabbed a hammer from his utility belt and swung it at Ashley's torso. Ashley had no time to react, and the hammer hit her on one of her arms. The impact caused her to fall backwards and scream in pain. After a few moments of shock, Ashley got up and walked in her house while Evan backed away and retreated to his truck. Ashley called 911, after which the police and paramedics arrived. The paramedics did not take Ashley to the hospital but did provide her some first aid items and recommended she ice the injury and get some rest but that she should otherwise be fine. The police did not arrest Evan or Ashley because they determined Evan acted in reasonable self- defense and that there was no evidence Ashley committed any actual crime. A few weeks later Ashley gets a bill for $2,134 for the ambulance coming to her house and providing some on site treatment.

Questions: 1. Ashley wants to sue Evan and his employer, Redthumb, for hitting her in the arm. She wants to sue them each for $25,000, which is above the small claims threshold in both Missouri and Illinois. However, Ashley does not want to pay an attorney to file the lawsuit, so she consults online resources to see how best to accomplish the action. After reading about the process online she decides that suing Evan personally is not worth the effort. Instead, she decides to focus her efforts on suing the Redthumb Corporation. Ashley decided to file her lawsuit in Saint Claire County, Illinois, which is where Ashleys home of record is located. In response, Redthumb Corporation argues that Ashley cannot sue them in Saint Claire County, Illinois, because the courts in Saint Claire County, Illinois, do not have subject matter and/or personal jurisdiction over Redthumb Corporation. For this question provide an explanation as to whether Ashley or Redthumb Corporation is correct about the jurisdiction

Question. 2. While Ashley and Redthumb Corporation are arguing over which state court has jurisdiction, Redthumb Corporations liability insurer approaches Ashley to see if she is interested in an out of court settlement. Ashley counters that she would agree to dismiss the lawsuit if the insurer agrees to binding arbitration. For this question, explain in detail two reasons why the insurer would likely agree to binding arbitration and one reason why it would likely not agree.

Question 3. Looking at the scenario explain whether Evan or Ashley committed an intentional or negligent tort against the other?