Rudolph attended a hockey game between the local Panthers and their rival, the Wolves. During the game, one of the players for the Wolves intentionally swung his hockey stick at the head of one of the Panthers. The stick slipped out of the player's hand and flew into the crowd, striking Rudolph in the face. Rudolph suffered severe damage to his right eye when his glasses were broken by the force of the blow. In an action of battery against the player by Rudolph,