Question: A man is jogging down the sidewalk approaching a stop light. As he nears the intersection, the light turns yellow. He speeds up to cross

A man is jogging down the sidewalk approaching a stop light. As he nears the intersection, the light turns yellow. He speeds up to cross before the light turns red and cuts between a woman and her dog. He fails to see that the dog was on a leash and trips, landing on his face. Angry and embarrassed, the man gets up and immediately kicks the dog which yanked against its' leash, causing the woman to fall. Fortunately, the woman was not injured.

If the woman brings a tort action against the man, will she prevail?

A)

No, because tortious intent cannot be transferred from an animal to a person.

B)

No, unless the dog suffered physical harm.

C)

Yes, if the man intended to cause the woman to suffer severe emotional distress.

D)

Yes, because the dog was on a leash.

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