IRAC Response Requested.

ISSUE

RULE

ANALYSIS

CONCLUSION

Debbie, aged sixteen, lives at home with her mother, Jennifer, in a state where the age of majority is eighteen. Jennifer is aware that Debbie has recently exhibited a sometimes violent and delusionary nature diagnosed as schizophrenia, and has attacked persons in the neighborhood. Medication that can control Debbie's behavior has been prescribed, but without Jennifer's knowledge Debbie has stopped taking it.

A week after Debbie stopped taking her medication, she approached a neighbor, Mark, as he walked along the sidewalk fronting Jennifer's home. When she was face to face with Mark, Debbie, without provocation, gestured threateningly and screamed, "I know you're out to get me and I'm going to get you first," and then strode away.

Two days later, after Debbie confronted Mark, Debbie saw him raking leaves which had fallen into the street fronting their adjoining homes. Debbie got on her bike and rode it as rapidly as she could directly at Mark. Although Debbie swerved away from Mark at the last moment, Mark reacted by diving to one side. He struck his head on the curb and suffered a severe concussion and facial injuries.

Mark has sued Debbie for assault and battery. What result?