You don't want me on that jury. But if you pick up a heavy civil suit instead of a stone, you do.
It needs to get to a jury and for that the prosecutor needs to think he'll win.
I doubt most prosecutors will stake their conviction ratio for a very sympathetic defendant.
(Except in San Fran and DC. There ill take whatever deal Im offered)
In the described scenario I'd be happy to find in your favor for intentional infliction of emotional distress, with negligence and vicarious liability and extra zeros.