Justin is late to class one morning. As he rushes across campus, he pushes Brittany out of his path. She fails and breaks her wrist, Brittany can:

A) Not sue Justin for assault because he actually touched her.

B) Not sue Justin for assault because he did not intend to make her fail

C) Sue Justin for assault, but only if she can convince the prosecutor to file charges

D) Sue Justin for battery because he deliberately pushed her.