Hypothetical Case S Jon Moe and Mary Doe were living in a committed relationship in Swellesley, Massachusetts. They had a lot in common. Both liked to canoe on the Charles river. Jon was a great cook, and Mary loved to garden. Together they were creating a warm home. They were certainly attracted to each other physically and had been living together for two years. Early one morning, Mary initiated sex with Jon. Jon was lying on his back, and Mary was on top of him. At some point during their physical union, Mary lost her balance and fell awkwardly on Jon, causing him to suffer a penile fracture. This caused Jon a lot of pain, and the pain lasted several months. Even though Jon suffered no permanent damage, the incident was the beginning of the end for the couple. They split. Jon is now suing Mary for his injury. Will he prevail