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?

Question

Quizplus · Accepted Answer

Rationale 1: In this case, the caller is out of state, so it is not reasonable that immediate harmful or offensive contact will occur. While this caller may possess the physical strength to do harm, the caller is too far away to act on the threat immediately.
Rationale 2: Even though this statement may be uncalled for or frightening, it most likely does not meet the definition of assault as the caller is too far away to do immediate physical harm.
Rationale 3: Battery is when actual physical contact or harm occurs.
Rationale 4: 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." While this caller may possess the physical strength to do harm, the caller is too far away to act on the threat immediately.

An Out-Of-State Caller Becomes Irate When the Nurse Cannot Provide