Case Name: Cohen v Smith
\nPlaintiff\/Appellant: Cohen
\nDefendant\/Appellee: Smith<\/p>\n
Issue:\u00a0 <\/strong>Whether the defendant committed a battery when he observed and touched the plaintiff\u2019s naked body.<\/p>\n Key Facts:<\/strong> Patricia Cohen was admitted to the hospital to deliver her baby. Cohen was informed that it would be necessary for her to have a cesarean section. Cohen informed her physician, who informed the hospital staff, that due to her religious beliefs, Cohen could not be seen unclothed by a male. Cohen\u2019s doctor assured her husband that their religious convictions would be respected. During the c-section, Smith, a male nurse, allegedly observed and touched Cohen\u2019s naked body.<\/p>\n Procedural History:<\/strong> The trial court granted the defendants\u2019 motions to dismiss.<\/p>\n Holding:<\/strong> The appellate court found that the trial court erred in dismissing both the battery and the intentional infliction of emotional distress counts.<\/p>\n Reasoning:<\/strong> In reviewing a motion to dismiss for failure to state a cause of action, the court must view all well-pleaded facts in the light most favorable to the plaintiff. Taking this into account, the defendant may have committed a battery by committing an offensive contact with the plaintiff. The result of the defendant\u2019s intentional contact resulted in offending a reasonable sense of personal dignity by violating the plaintiff\u2019s religious beliefs.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" Case Name: Cohen v Smith Plaintiff\/Appellant: Cohen Defendant\/Appellee: Smith Issue:\u00a0 Whether the defendant committed a battery when he observed and touched the plaintiff\u2019s naked body. Key Facts: Patricia Cohen was admitted to the hospital to deliver her baby. Cohen was informed that it would be necessary for her to have a cesarean section. Cohen informed … <\/p>\n