Juliet had been subject to recurrent harassment by a former boyfriend, Melvin. Melvin called her incessantly, followed her to work, and insisted upon reciting to her at length from Milton’s Paradise Lost. Juliet was forced to move from her condo to an obscure apartment in Monmouth. In connecting her new telephone, Juliet made arrangements with Telemax, the telephone company, for her number to be unlisted.

Melvin could be a clever and charming fellow. Giving the telephone supervisor a tale of woe of the imminent death of Juliet’s beloved wealthy uncle, Melvin succeeded in obtaining Juliet’s unlisted number and new address.

Early one Saturday morning, Melvin parked across the street from Juliet’s modest apartment. As Juliet emerged with her mother, Nancy, Melvin raced across the street, screaming and flailing his arms. Fearing for the safety of herself and her mother, Juliet fled. Even though he recognized Juliet’s mother, Melvin followed Juliet, trying repeatedly to grab her, and making disturbing growling sounds.

In desperation, Juliet picked up a large rake left in the yard by Randy, a gardener, doing his Saturday morning maintenance. Melvin was momentarily deterred. During this moment, Randy returned and seeing Melvin apparently perilously close to decapitation by rake, seized Juliet’s arms from behind and wrenched loose the rake, dislocating Juliet’s shoulder.

Melvin fled. Terrified by the course of events, Nancy fainted. Nancy now suffers recurring nightmares reliving what she believes to have been her daughter’s brush with death.

If Juliet sues Randy, will she prevail?