After a dinner at Rosario’s Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable
Stephanie is indeed liable, as she made first contact with an intent of violence. Thom did not respond physically, and therefor retains his right to sue Stephanie for any damages made to him, physically or emotionally.
