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Hilary CaseMEMORANDUMTO: Senior Partner, Attorney for PlaintiffFROM: Kaitlin Payne, ParalegalDATE: May 25, 2018RE: The Likelihood of a Successful Recovery by the ClientThis case involves two minors namely Davis Hilary and Bobby Jones respectively.FACTSDavis Hilary, a 10th grader student was threatened and eventually held down by BobbyJones, an 11th grader on April 3, 2011 at 3:20pm. The said incident took place at schoolbus on the route homebound. Davis Hilary sustained some cuts and was observed to be distressed both emotionally andpsychologically from the incident which occurred. One of the witnesses by the name of Melissa, was a younger student who said she saw theincident and claimed that she watched Bobby Jones holding a knife during the latter'sassault to Davis Hilary. No weapon was recovered at the scene however.During the interrogation, Bobby confessed that he had attacked Davis because of what hedid: throwing bad looks at Bobby Jones for how many weeks. Davis Hilary visited the doctor on April 4, 2011 who confirmed that Davis had sustaineda scalp wound with a diameter of 2.5 centimeter. The doctor also diagnosed Hilary with300.8 anxiety including cranial abrasions and contusions. QUESTION PRESENTED ON THE CASE
Hilary CaseCan Davis Hilary, a minor, recover for assault of both physical and emotional distress,who was attacked by his schoolmate Bobby Jones?ANSWERYes. Under the law, assault is defined as an act carried out to cause threat together withthe ability to cause the harm.