Leichtman v. WLW Jacor Communications, Inc.

Leichtman v. WLW Jacor Communications, Inc.
92 Ohio App.3d 232, 634 N.E.2d

Facts: Plaintiff claims to be known as an anti-smoking advocate; he was invited to the defendant's (employee's) radio show, where the defendant smoked a cigar and blew the smoke into the plaintiff's face.

Procedure: Trial court dismissed the battery claim; plaintiff appealed.

Issue: Does the plaintiff have a battery claim?

Holding: Yes.

Reasoning: There was intent, offense, and touching.