Leichtman v. WLW Jacor Comm - who Leichtman was and...

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Leichtman v. WLW Jacor Communications, Inc. 634 N.E.2d 697 (1994) Fact: Operative Facts: Leichtman was a nationally known anti-smoker advocate. He came to a radio show where one of the host deliberately lit a cigar and blew smoke at him. Issue: Whether blowing smoke constitute a battery Rule: An act intending to cause a harmful or offensive contact with the person of the other, and is harmful or offensive. Rational: When smoke is blown, particles of smoke is being exhaled out of someone and if it is intentionally being blown at another, then it would be considered a contact. Since the host knew
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Unformatted text preview: who Leichtman was, and deliberately blew the smoke at him, it is considered a battery. Court also emphasis that, no matter how little the contact is, it is still sue-able. They cannot just toss the case out because there are more important cases in queue. There must be a place for people to sort out their tortuous actions, and currently only the courts have the ability to do so. Holding: The host committed battery when he was blowing smoke air into the plaintiff. No matter how small the claim is, it is still a battery under the statute. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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