Snyder v. Turk

Nature of the Case

Snyder (P), a nurse, sought review of the order of the trial court dismissing her complaint with prejudice after a directed verdict was granted in favor of Turk (D), a surgeon, in a lawsuit for intentional infliction of emotional distress, civil battery, and slander.

Facts

Turk was a surgeon performing a gall bladder operation. He began to perform a laparoscopic cholecystectomy. When difficulties occurred he converted the operation to an open procedure. Turk became frustrated with Snyder, a nurse in the operating room. He grabbed her shoulder and pulled her face down toward the opening in the patient and said, ‘Can’t you see where I am working? I’m working in a hole. I need long instruments.’

Snyder brought suit for intentional infliction of emotional distress, civil battery and slander. The lower court directed a verdict against Snyder’s complaint. Its reasoning on the battery issue was that there was no evidence that Turk intended to inflict personal injury. Snyder appealed.

Issue

Does a person intend to commit a battery when he initiates contact with another that is offensive to a person of reasonable sense and dignity?

Holding and Rule of Law

Yes. A person intends to commit a battery when he initiates contact with another that is offensive to a person of reasonable sense and dignity.

We agree with the trial court that Snyder’s evidence was insufficient to support a claim based on either outrageous conduct or serious emotional distress. A battery is defined as an intentional contact with another without consent.

Turk contends there is no liability for the commission of a battery absent proof of an intent to inflict personal injury. Liability for the intentional tort of battery occurs when there is a battery plus harmful or offensive contact. A person is subject to liability for battery when he acts intending to cause a harmful or offensive contact, and when a harmful contact results. Contact which is offensive to a reasonable sense of personal dignity is offensive contact. We believe that reasonable minds could conclude that Turk intended to commit an offensive contact.

Disposition

The first assignment of error is sustained.