I'm not sure the "aggressively" part would be so easy to prove, since the plaintiff will claim he was being as peaceful as a lamb. And remember, we're talking about trespass to chattels, not to real property.
I'm not saying the plaintiff would win. I'm saying it would go to a jury. Any time you go to a jury, it's a crap shoot.
By using the word "agressively," I didn't mean Kimber was being boisterous about it but rather he was the one who was on the offense while Race was on the defense. That seems to be unquestionable and pretty damning for the plaintiff, in this layperson's opinion anyway.
Thanks for the response. :)