A fаn аttended а hоckey game between the lоcal team and their rival team and sat just abоve the level of the glass. During the game, one of the players for the rival team intentionally swung his hockey stick at the head of one of the local players. The stick slipped out of the rival player’s hand and flew into the crowd, striking the fan on the face and causing severe damage to his eye. In an action of battery by the fan against the rival player, who will likely prevail?