$5)$ Jim was assigned to a different workroom at the factory. During the day he became increasingly upset with one of his new co$-$workers, Mr$.$ Saur, who criticized everything he did. After several hours of this, Jim said, "I could do a little better in here if you kept your mouth shut." Saur answered, "you young punk, you make me sick," and with that he intentionally knocked over a machine that would have hit Jim if he hadn't jumped out of the way. Jim picked up a paper cup of water and threw its contents at Saur saying, "cool down, old man." Charlie, another worker, grabbed Jim and pulled him out of the room, away from Saur.

Could Jim sue Saur for assault, even if he wasn$$t hit by the fallen machinery? Why or why not?