Late one evening, an attorney, realizing that she had forgot…
Late one evening, an attorney, realizing that she had forgotten an important file at her office, returned to the office to retrieve the file. Upon entering her office, the attorney encountered an intruder wearing dark clothes and a ski mask rifling through her files. The attorney was carrying a loaded gun. She immediately drew her weapon, pointed it at the intruder, and yelled, “Leave now, or I’ll shoot.” Instead of leaving, the intruder reached into his front pocket. Before the intruder removed his hand from the pocket, the attorney pulled the trigger and shot him in the chest. Later, it was determined that the intruder was not carrying a weapon. The intruder survived, but was seriously and permanently injured as a result of the shooting. The intruder sued the attorney for battery. The attorney claimed that her actions were justified by self-defense. The intruder moved for summary judgment. How should the judge rule on the motion?