Cohen v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that nonconsensual touching by nurse was not healing art despite occurring during treatment within a hospital
• noting that a defendant will be liable for battery based on insulting or provoking contact even for relatively trivial contact that is merely offensive
• “It is the nature of plaintiffs claim, not defendant’s defense, that determines whether the provisions of section 2-622 are implicated.”
• battery defendant can be liable for “relatively trivial” contacts that are “merely offensive and insulting.”
• “The fact that the defendants attempt to shield themselves from the plaintiffs’ claim by calling this action a medical malpractice claim does not transform it into one”
• “Liability for battery emphasizes the plaintiffs lack of consent to the touching.”

Source: CourtListener parenthetical corpus (CC0).