Larry is slowly driving down the street in his convertible with the top down. Behind a bush nearby is Slim who throws a rock the size of a baseball intending to hit Larry. Slim is a former semi-pro baseball pitcher who could easily throw a baseball 100 miles per hour. Larry doesn't see Slim but hears a thunderous noise as the rock hits the windshield and cracks and breaks it. Larry later learns it was Slim who threw the rock and broke the windshield. Larry sues Slim for (1) assault and (2) battery. Will Larry prevail on his claims? Why or why not?