Jimmy and Tony work together on a manufacturing line. As a part of their job, the two

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Question:

Jimmy and Tony work together on a manufacturing line. As a part of their job, the two men place widgets into boxes. The boxes are about the size of a person's head. This is Jimmy's first job out of High School, and he has been working there for a few months. Jimmy gets bored putting widgets in boxes all day; to entertain himself, he likes to play practical jokes on Tony and other work colleagues. Last week, he hid behind some of the boxes and said "Boo" and another colleague, Sally jumped and almost fell over. However, she managed to keep herbalance. The widget line is overcrowded with boxes and cutting knives and tape. It is difficult to move around. Sally told Jimmy that it was risky playing practical jokes with all this equipment lying around. Jimmy just laughed and said she had no sense of humor.

Yesterday, Jimmy played another practical joke. He came up behind Tony on the widget line and placed one of the boxes over his head. Tony panicked as his hands were full of widgets and he could not remove the box from his head. He dropped the widgets, slipped, and cut his leg on one of the cutting knives lying around. He ended up going to the hospital and needing stitches.

Jimmy's response was "It was a joke. I did not want Tony to get hurt. He's my best friend! This is my first job. How could I know that this would happen?"

You are a lawyer for Tony who wants to bring a civil claim. Advise Tony on the issue in the case, the law that the court will apply and how it will apply to his facts.