Question: Referencing #5 for additional information regarding this question. SCENARIO A Evan is a Missouri resident and works for Redthumb Corporation as a landscaper. Redthumb is

Referencing #5 for additional information

Referencing #5 for additional information

Referencing #5 for additional informationReferencing #5 for additional information regarding this question.

SCENARIO A Evan is a Missouri resident and works for "Redthumb Corporation" as a landscaper. Redthumb is a landscaping company based out of Chesterfield, Missouri. On a freezing cloudy day in February, Evan's supervisor directed Evan to Moody Park in Fairview Heights, Illinois. Once there, he was required to plant a row of trees along a property line between the park and some newly developed residential homes. The supervisor indicated somebody had professionally surveyed the property line a few days prior. The surveyors had marked the boundary line with large, three-foot-tall orange stakes and some spraypaint. Evan arrived at Moody Park and located the orange property line markers. He fired up his skidsteer and started to dig large holes indiscriminately. As Evan was digging the holes, a nearby homeowner, who Evan later learned was named Ashley, ran out her home's back door, and began frantically yelling and cursing at Evan. Evan turned off the skid-steer and got out of the cab to talk with Ashley. As he stood there and listened, he realized Ashley was furious that he was digging holes in what she believes is her backyard, although he thought he was digging holes in the park side of the property. Evan, confused by the raw display of anger and vitriol and being pretty sure that he was on park property, did not move. Instead, he yelled back to Ashley that he was on park property and that she was more than welcome to call the cops if she thought he was trespassing. Evan's comments caused Ashley to fly further into a rage. She rapidly approached Evan and came within 12 inches of him without putting on a mask, and continued to scream that he needed to leave her property. Evan could feel the spit coming out of her mouth as she screamed at him. Evan, ordinarily pretty level-headed but worried about carrying COVID-19 back to his immunecompromised mother, became enraged. In a moment of anger, he grabbed a hammer from his utility belt and swung it at Ashley's head. Because Evan's action was unexpected, Ashley had no time to react, and the hammer hit her in the side of the head. The impact caused her to fall unconscious to the ground. At that moment, Ashley's husband came out the back door and saw Evan standing over Ashley's unconscious body. Ashley's husband, Dan, immediately ran to his wife's side. Upon seeing Dan run out, Evan shouted out, "it was an accident; I did not mean to put anyone in fear or hurt anyone!" Evan then ran to his company car, parked by the skid-steer, and left the scene at high speed. Dan sat by Ashley and consoled her; the police and paramedics arrived and took Ashley to the hospital. While that was happening, the police searched for Evan and eventually learned he had gone back Evan's comments caused Ashley to fly further into a rage. She rapidly approached Evan and came within 12 inches of him without putting on a mask, and continued to scream that he needed to leave her property. Evan could feel the spit coming out of her mouth as she screamed at him. Evan, ordinarily pretty level-headed but worried about carrying COVID-19 back to his immunecompromised mother, became enraged. In a moment of anger, he grabbed a hammer from his utility belt and swung it at Ashley's head. Because Evan's action was unexpected, Ashley had no time to react, and the hammer hit her in the side of the head. The impact caused her to fall unconscious to the ground. At that moment, Ashley's husband came out the back door and saw Evan standing over Ashley's unconscious body. Ashley's husband, Dan, immediately ran to his wife's side. Upon seeing Dan run out, Evan shouted out, "it was an accident; I did not mean to put anyone in fear or hurt anyone!" Evan then ran to his company car, parked by the skid-steer, and left the scene at high speed. Dan sat by Ashley and consoled her; the police and paramedics arrived and took Ashley to the hospital. While that was happening, the police searched for Evan and eventually learned he had gone back to his home in Missouri. Ashley was released from the hospital after having surgery. A few weeks after the surgery, the hospital handed Ashley a bill for $168,000 for her medical care because she did not have health insurance. Ashley eventually hired an attorney and filed a civil lawsuit against Evan and Redthumb in Saint Clair County, Illinois Circuit Court. In her civil case, she alleges that Evan trespassed on her land, damaged her land, and committed assault and battery on her person, causing extensive injury. Ashley demands that Evan pay her $168,000 for \#3. Before the trial in Saint Clair County, the judge asks the attorneys for both parties to argue whether Evan's actions constitute an intentional or negligent tort against Ashley. Provide an argument to the judge whether Evan's actions constitute an intentional or negligent tort. #4. Calculate the compensatory damages that Ashley is requesting. Provide an argument as to whether you believe it would be appropriate for the judge to award her all of her requested compensatory damages in this case. #5. The trial gets underway. One of the core factual disputes is whether Evan committed the tort of assault and/or the tort of battery against Ashley. Redthumb and Evan argue that no evidence can prove the tort of assault occurred, specifically because Evan yelled out that he did not intend to strike Ashley and because there is no evidence Ashley was ever in actual fear. They also argue that Evan acted in self-defense due to Covid-19 and Ashley yelling so near his face. Provide a comprehensive argument on whether Evan's action constitutes self-defense against the assault or battery claim

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