Mullins (plaintiff) was scheduled to undergo a hysterectomy at Parkview Hospital (defendant). Before the operation, Mullins informed her gynecologist that she required privacy during the surgery. Mullins also crossed out a section of the consent agreement that permitted the attendance of medical students during the operation. Mullins’s anesthesiologist also promised that the anesthesia would be handled personally by the anesthesiologist. During the procedure, the anesthesiologist allowed VanHoey, a medical student, to practice intubation. VanHoey injured Mullins as a result of the intubation and Mullins later brought a battery claim against Parkview Hospital and VanHoey. The trial court granted summary judgment for Parkview Hospital and VanHoey, but the court of appeals ruled in favor of Mullins.