Question

Lenny is a successful and very rich bank robber. He is also careful not to harm bank tellers. In fact, he always uses weapons without bullets. Unfortunately for Lenny he holds up on bank too many, and the police catch him. The day before he is caught he sticks an unloaded gun into the face of Cynthia, the teller at the Last National Bank. Cynthia wants to bring a civil suit against Lenny for assault. Will she be successful?

Answer 1

Yes, because she threatened him.

Answer 2

Yes because he had the gun and knew it was a threat of death, which gives her the upper hand and him as guilty.