Leichtman (plaintiff) was a nationally-known, anti-smoking advocate. He was invited to appear on the WLW Bill Cunningham radio talk show. He was asked to discuss the harmful effects of smoking and second-hand smoke. During Leichtman’s appearance, Furman, one of the show’s hosts, lit a cigar and blew the smoke in Leichtman’s face. Leichtman filed suit against WLW Jacor Communications, Inc., Cunningham, and Furman (the show and its hosts) (defendants), alleging intentional battery. Leichtman alleged that Furman blew smoke in his face to cause “physical discomfort, humiliation, and distress.” The show and its hosts moved to dismiss the complaint for failure to state a claim. The trial court granted the motion. Leichtman appealed to the Court of Appeals of Ohio.