John, age 14 and Dave, age 14 are throwing the football back and forth at the beach. John sees Sally lying on on a towel getting some sun.

John say to Dave: "Throw the ball over toward Sally. Don't hit her. I just want an excuse to go talk to her."

John starts running toward Sally and Dave deliberately throws the football over John's head to approximately where Sally is.

At about the same time, Grandma and Grandpa Smith walk by Sally looking for seashells for their granddaughter. At the last second, Dave yells to Grandma and Grandpa, "Look out"

Grandma looks up, sees the football flying toward them, and screams and dives out of the way. Grandpa, who is hard of hearing doesn't hear Dave yell and is hit in the face by the ball, breaking his nose.

Based upon these facts, did Dave commit:

A) an Assault

B) a Battery

C) Both and Assault and a Battery

D) Negligence

E) an Assault, a Battery and Negligence

F) Something else