« on: November 18, 2004, 04:18:20 PM »
In many states, Bob could not be convicted of battery, since he did not touch Sally (or her vehicle), but could be charged with 1st degree assault, 2nd degree assault and/or aggravated assault, since, by swerving toward her car, he 'threatened' her with harm, and was in the proximity wherewith he could have ability to carry it through, and Sally felt enough apprehension to cause her to swerve, causing her injuries.
According to Restatement of Elements, he could not be charged with battery because he did not touch her (or her vehicle), although he 'possibly' intended to. Depending upon the state, Bob could be charged with attempted battery.
Attempted vehicular homicide is another possible charge, and if Bob has prior convictions of driving under the influence or of other vehicular assaults, he might be charged with attempted aggravated vehicular homicide. Bob could also be charged with careless or reckless driving.
Alex, as the owner of the tree, could sue Sally for damages, who then could file a cross-claim against Bob; or Alex could file suit against BOTH Sally and Bob.
Sally could also file suit against Bob for negligent and intentional damages--damages to her vehicle, personal injuries and medical costs, emotional distress, punitive damages, costs and attorney fees. (Attorney fees aren't always granted, but she could ask for them.)