A Man Fishing in a Bay in San Diego Discovers

Essay

A man fishing in a bay in San Diego discovers a man who had been wade-fishing during low tide. The man had stepped into a hole between two large sections in a coral reef. The fisherman attempts in vain to free the man before the rising tide overwhelms the man. The fisherman determines that the only hope of freeing the man before he succumbed to the rising tide was to amputate the man's foot. The man has passed out because of the painful cuts received from the coral. The fisherman proceeds to amputate the man's foot; frees him from the coral; and revives him once he is back on the nearby beach. The fisherman calls 911 and stays with the man until the ambulance arrives. Once the man regains his health, he files charges against the fisherman for aggravated assault and files a civil suit as well. Explain what charges the man will be able to file, if any. Does the man have a case? Will a civil suit prevail? If so, why? If not, why?