Cohen v. Smith
Illinois Appellate Court
648 N.E.2d 329 (1995)
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
Holding and Reasoning (Chapman, J.)
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