Bike Riding Sweet Sixteen
Dina, age sixteen, lives at home with her mother, Mary. Mary is aware that Dina has recently exhibited a sometimes violent and delusionary nature diagnosed as schizophrenia and has attacked persons in the neighborhood. Medication that can control Dina's behavior has been prescribed, but without Mary's knowledge, Dina has stopped taking it. After Dina stopped taking the medication, she approached a neighbor, Paul, as he walked along the sidewalk fronting Mary's home. Without provocation, Dina gestured threateningly at Paul and screamed, "I know you're out to get me and I'm going to get you first," and then left. Paul, who had no knowledge of Dina's mental illness, phoned Mary about the incident. Mary told Paul that "Dina has sometimes made threats to others, but I do not think she will try to hurt you and I assure you that this will not happen again." Paul believed Mary's assurances and, for that reason, did not seek to avoid Dina. Mary questioned Dina about the incident, scolded her, and asked if Dina was taking her medication. When Dina said she was taking it. Mary did not pursue the matter. Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. Dina got on her bicycle and rode it as rapidly as she could directly at Paul. Although Dina swerved away from Paul at the last moment, Paul reacted by diving to one side. He struck his head on the curb and suffered a severe concussion and facial injuries. Paul has sued Dina and Mary, alleging tortious causes of action.
1. Is Paul entitled to recover against Dina for:
a. Assault?
b. Battery?
2. Is Paul entitled to recover against Mary:
a. On the ground that Mary was negligent as to Paul?
b. On the ground that Mary is vicariously liable for Dina's conduct?