Answered

You are an associate of a lawyer to whom Jones comes for advice and representation with respect to a potential claim for damages. Jones appears at the law office on crutches and with his left leg in a cast. He tells the following story: "About three weeks ago I was walking along a sidewalk in a business section of the city. A man dumped a pail of water at me from a scaffold beside an upper story window of an office building. I tried to dodge the water and tripped over a fire hydrant. I fell, and broke my leg. Some of the water hit me. A police officer who investigated told me that the man who dumped the water is a window washer by the name of Davis. He said Davis denied that he was throwing away waste water."
One of your associates asserts the following proposition: Davis had the requisite state of mind for battery because, when he threw the water, positioned as he was, he must have had knowledge that it was substantially certain that the water would strike Jones and that Jones would find the contact offensive. Is this proposition correct, without qualification?

A. Yes
B. No