A real estate agent was having an affair with his neighbor's wife. The neighbor learned of the affair and decided to confront the real estate agent. The neighbor stormed over to the real estate agent's house carrying a loaded gun. The real estate agent refused to open the door, instead yelling at his neighbor through the closed door. Enraged at the real estate agent's refusal to open the door, the neighbor fired a warning shot through the top of the real estate agent's door. The neighbor did not intend to injure the real estate agent but simply to scare him. However, the door shattered and several long, wooden shards flew off and became lodged in the real estate agent's chest and shoulder. The real estate agent sued the neighbor for battery. Who should prevail?