Cohen v. Smith
Illinois Appellate Court
648 N.E.2d 329 (1995)
Relevant factsFree
Cohen (plaintiff), admitted to a hospital for a cesarean section, told her doctor that her religious beliefs prohibited a male from seeing her naked; the doctor relayed this to Smith (defendant), a male nurse, who nonetheless viewed and touched Cohen's unclothed body during the surgery. Cohen sued Smith for battery, and the trial court dismissed the complaint.
IssueFree
Whether an offensive touching is committed if a tortfeasor touches a person in a way not offensive to a reasonable person, but after the person has informed the tortfeasor of an unusual susceptibility to the touching.