Tuesday, August 26, 2008

Snyder v. Turk

Snyder v. Turk
90 Ohio App.3d 18, 627 N.E.2d 1053 (1993)

Facts: Defendant, a surgeon, became frustrated with the plaintiff, a nurse. When she handed him an instrument he found inappropriate, he grabbed her by the shoulder, pull her face down near the surgical hole, and yelled at her.

Procedure: Complaint, answer, motion for directed verdict (D says P doesn't have proof of intent to injure)

Issue: Did defendant commit an offensive contact? Is that battery?

Holding: Yes and yes.

Reasoning: Reasonable mind test under a motion for directed verdict.

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