To: New Paralegal

From: Senior Partner

Date: March 19, 2024

Re: Possible battery claim

I'm particularly happy that you're working today because a client just called with a about a battery lawsuit against her, and I'd like your help.

Here are the facts as I understand them. Our client Maria is twenty years old. She coaches a soccer team of twelve-year-old girls. In last night's game, the play got a little rough on both sides. Tempers flared, both on the field and between parents in the stands. Maria got pretty frustrated, especially with the parents.After the game, out in the parking lot, Maria was walking to her car carrying a soccer ball. She saw two of the fathers, Leroy and Brian. Leroy is a thin man, about 5' 8" tall. Brian is larger, around 6' tall and 200 pounds.The two men stood about thirty feet apart and were yelling angrily at each other. Leroy suddenly started running toward Brian like he was going to attack him. Maria reacted, hoping to prevent a fight, by yelling "Hey!" and throwing her soccer ball at the charging Leroy. The soccer ball hit Leroy right in the face and broke his nose in two places. Leroy went to the hospital. He has a lawyer and has filed suit against Maria for battery and demanded that she pay his medical bills.

I have done some research and I have found the following two cases, which I've attached for your convenience:

Fisher v. Carrousel Motor Hotel, Inc., 424 S.W.2d 627 (Tex. 1967)

Pierson v. Brooks, 768 P.2d 792 (Idaho Ct. App. 1989)

(Assume for now that they are the only two relevant cases.Also assume that Kansas courts would follow the rules and reasoning contained in these cases relating to battery.)

Please look over these cases and draft me an analysis section I can use for our Motion to Dismiss. Please be sure to use proper Bluebook citation. There will be other issues we need to address in the Motion that I will handle.