Cohen v. Smith
269 Ill.App.3d 1087, 207 Ill.Dec. 873, 648 N.E.2d 329 (1995)
Facts: Cohen was a woman whose religious beliefs forbid her from being seen unclothed by a male. When it came up that she would need a c-section, Cohen and her husband informed her doctor, who informed the hospital staff, and informed the Cohens that their beliefs would be respected. During the course of her c-section, a male nurse allegedly saw and touched her naked body. The Cohens sued the hospital.
Procedure: Trial court allowed defendants' motion to dismiss.
Issue: Did the plaintiffs fail to state a cause of action?
Holding: No.
Reasoning: The plaintiffs' beliefs made the nurse's action battery (and the nurse had been informed, according to the way you treat alleged facts when a motion to dismiss is made).
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3 comments:
If there was no admissible proof that would prove ,by the required standard of evidence and proof, that the nurse, in fact, saw and touch the Plaintiff, then the cause of action, although well stated, did not meet the minimum of being such that there was a need for a factual determination by judge or jury such that the Motion for Dismissal was proper and, thus, granted.
When considering a motion for dismissal, the judge has to consider the (well pleaded) facts in the light most favorable to the plaintiff.
The raw issue here is a question of whether or not harmful or offensive contact can arise concerning the dignity of a person. Her wishes here were specific and explicit, and this case was monumental in elevating a claim to damages for offense to the dignity of her person concerning her rights about personal handling to the level of battery - an intentional tort.
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