An out-of-state caller becomes irate when the nurse cannot provide information over the telephone about a hospitalized friend. The caller says, "If you know what is good for you, you had better tell me." Has a civil assault occurred?
1. Yes, there is an indication that the caller has the physical strength to do harm.
2. No, the caller is out of state and cannot reach the nurse.
3. No, actual physical contact must be made for it to be assault.
4. Yes, the threat of harm is assault.
2
Rationale: Even though this statement may be uncalled for or frightening, it most likely does not meet the definition of assault. Assault is defined as the action or motion that creates a "reasonable apprehension in the other person of immediate harmful or offensive contact to the plaintiff-person." In this case, the caller is out of state, so it is not reasonable that immediate harmful or offensive contact will occur. Battery is when actual physical contact or harm occurs. While this caller may possess the physical strength to do harm, the caller is too far away to act on the threat immediately.
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