Question
Paul was nine years old and a third-grade student in school. While playing in the schoolyard during the recess period, Paul became involved in a
Paul was nine years old and a third-grade student in school. While playing in the schoolyard during the recess period, Paul became involved in a fight with David, ten years old and a student in the fourth grade. David kicked Paul in the leg during the fight and, as a result of the kick, Paul suffered a fracture of a bone in the leg.
Paul, through an appropriate legal representative, has asserted claims for damages against David and against the school district. Will Paul prevail on his claim against David?
Select one:
A.Yes, because David kicked Paul.
B.Yes, if David started the fight.
C.No, unless David used excessive force,
D.No, if Paul's bones were unusually brittle.
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