Snyder v. Turk case brief

Snyder v. Turk case brief summary
627 N.E.2d 1053 (1993)

CASE SYNOPSIS
A nurse (P) sought the review of an Ohio trial court's order that dismissed her complaint with prejudice after the defendant doctor's motion for a directed verdict was granted.
The nurse's action was for intentional infliction of emotional distress, slander, and civil battery.

CASE FACTS

• The doctor began to perform a laparoscopic cholecystectomy to remove a patient's gall bladder. 
• The doctor, the patient, another doctor, a medical student, as well as two other nurses were present during this operation. 
• During the procedure, the doctor was not happy with the nurse's performance. 
• On several occasions, the doctor yelled at the nurse because the doctor was not pleased with the surgical tools that the nurse had handed to him. 
• The doctor also stated out loud that the nurse was incompetent. 
• At one point of the operation, after the doctor was angered by the surgical tool the nurse handed him, the doctor had grabbed the nurse by her shoulder and gown, pulling her her from a standing position down to the patient's surgical wound. 
• The nurse, however, did not suffer any physical injury. 
• The nurse later filed an action against the doctor for intentional infliction of emotional distress, civil battery, as well as slander. 
• The trial court granted the doctor's motion for a directed verdict and dismissed the nurse's complaint.

DISCUSSION
The court reversed the lower court's order, and held that the doctor was not entitled to a directed verdict in his favor because reasonable minds could have concluded that he was guilty of battery, where he intended to commit an offensive contact with the nurse.

CONCLUSION
The court reversed and remanded the order.

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