Nature of the Case
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Facts
P, a twelve-year-old boy, was dropped off by his mother to attend a Boy Scout meeting. Several of the scouts engaged in a game in which they shot paper clips at each other from rubber bands they held in their hands. P decided to join them. Prior to his joining the game, no one had shot paper clips at him. P knew that paper clips would be shot at him; P knew that there was a chance he would be hit with a paper clip. P had no paperclips to shoot and was faking it with a hairband he had found. After a very short period of time, he 'split apart' and he 'stopped playing,' but he did not communicate that fact in any way to the other boys. Approximately five seconds later and five feet into the meeting room, Nicholas felt something in his right eye. When he brushed the eye, a paper clip dropped to the floor. According to Nicholas, his entire involvement in the game consumed approximately thirty seconds. As for the battery charge, the trial court found as a matter of law he consented to the infliction of the injury upon him. P appealed the dismissal.
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