Peter brings in a baseball bat to hit mary because he is mad at her. when he arrives, mary is sleeping. he lines up the baseball bat with her head and whispers that he is about to take a swing. she wakes up, sees the bat, and screams at him. he does not hit her, but he drops the bat and it falls on her arm and injures her. mary sues for assault and battery. is she successful? multiple choice she can sue for battery but not assault she is successful at suing for both assaut and battery she can sue for battery but only if she demonstrates assault took place first. she cannot sue for either battery or assault she can sue for assault but not battery