...Statement of Facts John and Nathan were dining at a local restaurant owned by Vito. John tells Nathan that he wants to terminate Nathan’s employment contract. Nathan becomes angry and shouts, “You ungrateful louse! To fire me after I built your business – without me, you’d still be a petty thief conning people on the streets!” Nathan grabs his shoulder bag off the table and proceeds to leave. John, thinking that Nathan will hit him with the shoulder bag, grabs the shoulder bag and shakes Nathan in an attempt to calm Nathan down after Nathan becomes frantic. Vito hears the commotion, runs out of his office, and sees John shaking Nathan. Vito runs over, strikes John and knocks him down. Vito takes Nathan into his office and leaves Nathan there alone. The office door automatically locks from the inside and outside and requires a key to open. Nathan sees an unlit inner stairway at the back of the office. Nathan does not dare to venture down the stairway, as he has always been afraid of unlit stairways. Nathan tries to leave the office ten minutes later after he calms down, and discovers that the door is locked and cries for help. Vito hears Nathan but gets distracted by two phone calls requesting dining reservations. After Vito finishes the calls, he returns to the office to release Nathan. Nathan sees John still in the dining room area as he storms out of the restaurant. Issue 1. Does Nathan have a claim of assault against John when Nathan did not have imminent apprehension of...
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