Snyder v. Turk
627 N.E.2d 1053 · 1993
Facts
During a gall bladder removal operation on September 3, 1991, surgeon Dr. Robert Turk became frustrated with the procedure and scrub nurse Barbara Ann Snyder's performance. Dr. Turk made several disparaging remarks to Snyder, including accusing her of sabotage and incompetence. He threw a surgical clamp at her tray, then grabbed her shoulder and gown, pulling her down towards the surgical wound while screaming for long instruments. Snyder felt shocked, scared, and humiliated, but sustained no physical injury. Dr. Turk continued to verbally abuse her for the remainder of the operation.
Procedural history
The plaintiff, Barbara Ann Snyder, filed a complaint against Dr. Robert Turk alleging intentional infliction of emotional distress, civil battery, and slander. The trial court granted the defendant a directed verdict at the close of the plaintiff's case-in-chief, dismissing her complaint with prejudice. The plaintiff appealed this order, contending the trial court erred in granting a directed verdict on each of the three claims.
Issue
Did the trial court err in granting a directed verdict against the plaintiff on her claims of civil battery and slander, thereby removing these issues from jury consideration?
Holding
Yes, the trial court erred in granting a directed verdict on the civil battery and slander claims. The judgment is reversed, and the case is remanded for further proceedings consistent with the opinion.
Rule
For civil battery, liability occurs when there is an intentional, unconsented-to contact with another, specifically when the actor intends to cause a harmful or offensive contact, and such contact results. Intent to inflict personal injury is not required, only intent to cause offensive contact to a reasonable sense of personal dignity. For slander, it is a false publication causing injury to reputation or exposing one to public hatred, contempt, ridicule, shame, or disgrace, affecting their trade or business. While a qualified privilege may apply to such statements, factual issues regarding good faith and abuse of privilege are for the jury to decide.
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