Bucky, a 75-year old man, resides in a small apartment in a nursing home and has mobility difficulties. He cannot drive himself anywhere and relies on his daughter to take him to run errands like going to the grocery once or twice a week. He usually calls his daughter to tell her what day he wants to go out. One day, Bucky calls his daughter to pick him up on a communal phone (his cell phone isn’t working properly). Another nursing home resident, Charles, is annoyed with Bucky, thinking that Bucky cut in front of him to get to the phone although Bucky did indeed get to the phone first. Charles starts yelling at Bucky after he hangs up the phone, making fantastical threats (e.g. “I’ll use my wand to turn you into a toad”). As Bucky tries to walk away from Charles, Charles gives him a light shove but because of Bucky’s mobility difficulties this causes Bucky to fall to the ground and break his hip. Using the elements/requirements for the torts of assault AND battery, do you think Bucky has a valid claim for assault and/or battery and WHY OR WHY NOT? (2-3 sentences)
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