Question

Faro picks up an empty gas can on the gas station's property and throws it at Heylie, but misses and hits Izzy instead. For the tort of battery, Izzy can sue:

1) Faro
2) Heylie
3) The gas station
4) Izzy

Answer 1

Izzy can sue Faro for the tort of battery since Faro's missed attempt to hit Heylie and subsequent accidental striking of Izzy falls under the principle of transferred intent. Heylie and the gas station are not liable, and Izzy cannot sue herself.

Step-by-step explanation:

The tort of battery occurs when one person commits an offensive or harmful physical contact upon another person without consent. In the scenario described, Izzy can sue Faro for battery. Faro had intended to throw the gas can at Heylie but missed and hit Izzy instead. In the law of torts, this falls under the principle of transferred intent, which means that the intent to commit a tort against one person (Heylie) is transferred when another person (Izzy) is unintentionally harmed. Therefore, Izzy would have a valid claim against Faro for battery.

Heylie, having not performed any action to constitute a battery, would not be a correct party to sue. Similarly, the gas station is not directly responsible for Faro's action unless there is reason to believe that the gas station had a duty to control Faro's actions and failed to do so, which is not suggested by the information given. Izzy cannot sue herself for the tort of battery.