Leichtman v. WLW Jacor Communications, Inc.
Ohio Court of Appeals
634 N.E.2d 697 (1994)
Relevant factsFree
Leichtman (plaintiff), a nationally known anti-smoking advocate, appeared on a radio talk show to discuss the harms of smoking and secondhand smoke, and show host Furman lit a cigar and blew smoke in his face, allegedly to cause physical discomfort, humiliation, and distress. Leichtman sued the show and its hosts (defendants) for intentional battery; the trial court dismissed for failure to state a claim, and Leichtman appealed.
IssueFree
Whether one can commit a battery by intentionally blowing smoke on another person.