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Cohen v. Smith

Illinois Appellate Court

648 N.E.2d 329 (1995)

Facts

Cohen (plaintiff) was admitted to a hospital to give birth. After a doctor informed Cohen that she would need a cesarean section, Cohen told the doctor that her religious beliefs prevented a male from seeing her naked. In turn, the doctor informed Smith (defendant), a male nurse, of Cohen’s beliefs. During Cohen’s surgery, Smith viewed and touched Cohen’s unclothed body. Cohen brought a battery claim against Smith, and the trial court dismissed the complaint.

Rule of Law

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Issue

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Holding and Reasoning (Chapman, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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