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You can also say that if you take a driver to someone's ass and hit their entire butt cheek, maybe you're negligent. The guy was either trying to hit her butt or so careless that he should have known that he'd cause injury. He could have slowed his swing, used a iron, etc etc.
You can't just whack a person, even for a radio stunt, and claim that they had it coming. My thought is that he wanted to make a noise of the club hitting her for radio entertainment.
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