Sarah and Michelle were playing a game of pick-up basketball with 4 other women at a city park. The two teams played 3-on-3 regularly and were known for being aggressive. There was always pushing and shoving in the game, and occasionally a few elbows were thrown. No one was ever seriously injured, but players always left the game with some scrapes, bruises, etc. In the game in question, Sarah went up to block a shot that Michelle was attempting under the basket. Sarah intended to swat the ball away from Michelle; however, Sarah used such force hitting the ball that Michelle was knocked to the ground. Michelle fell awkwardly, hitting her mouth on the metal basket post, and knocked out several teeth. While walking away from the court, Michelle smacked Sarah very hard on the back of the head.
Three weeks after the game, Michelle filed a civil lawsuit accusing Sarah of negligence. She was requesting actual damages for medical bills, and compensatory damages for emotional harm and suffering. In response to the civil lawsuit, Sarah contacted the local police department and filed a report accusing Michelle of criminal battery. Due to the circumstances surrounding the case, the Assistant District Attorney decided to press charges.
Let's recap:
Michelle (plaintiff) is suing Sarah (defendant) in civil court for monetary damages. You may assume that the standard of care in the jurisdiction for co-participant civil liability is reckless misconduct. Sarah filed criminal charges against Michelle for criminal battery and the ADA is attempting to prosecute Michelle for the crime.
Please discuss which of these two cases has the best chance of succeeding, and most importantly, WHY. Also, you may certainly compare the two outcomes, but be certain to advocate for the strengths of the case you choose, not the weakness of the one you don't. Do not make your selection by default.

Question

Quizplus · Accepted Answer

The Answer of Sarah and Michelle were playing a game of pick-up basketball with 4 other women at a city park. The two teams played 3-on-3 regularly and were known for being aggressive. There was always pushing and shoving in the game, and occasionally a few elbows were thrown. No one was ever seriously injured, but players always left the game with some scrapes, bruises, etc. In the game in question, Sarah went up to block a shot that Michelle was attempting under the basket. Sarah intended to swat the ball away from Michelle; however, Sarah used such force hitting the ball that Michelle was knocked to the ground. Michelle fell awkwardly, hitting her mouth on the metal basket post, and knocked out several teeth. While walking away from the court, Michelle smacked Sarah very hard on the back of the head.
Three weeks after the game, Michelle filed a civil lawsuit accusing Sarah of negligence. She was requesting actual damages for medical bills, and compensatory damages for emotional harm and suffering. In response to the civil lawsuit, Sarah contacted the local police department and filed a report accusing Michelle of criminal battery. Due to the circumstances surrounding the case, the Assistant District Attorney decided to press charges.
Let's recap:
Michelle (plaintiff) is suing Sarah (defendant) in civil court for monetary damages. You may assume that the standard of care in the jurisdiction for co-participant civil liability is reckless misconduct. Sarah filed criminal charges against Michelle for criminal battery and the ADA is attempting to prosecute Michelle for the crime.
Please discuss which of these two cases has the best chance of succeeding, and most importantly, WHY. Also, you may certainly compare the two outcomes, but be certain to advocate for the strengths of the case you choose, not the weakness of the one you don't. Do not make your selection by default.

Sarah and Michelle Were Playing a Game of Pick-Up Basketball