Leichtman v WLW Jacor Communications, Inc.
Citation: PLeichtman v WLW Jacor Comm. Inc, 634 N.E.2d 697 (Ohio Ct. App. 1994)
Parties:
- Ahron Leichtman (plaintiff)
- WLW (defendant)
Facts:
- Leichtman was a nationally known anti-smoking advocate that went on the WLW talk show to discuss the harmful effects of smoking. One of the hosts lit a cigar and repeatedly blew smoke in Leichtman’s face.
Procedural History:
- The trial court dismissed Leichtman’s complaint. Leichtman appealed.
Issue:
- Does intentionally blowing smoke in someone’s face qualify as an intentional offensive contact?
Rule:
- Contact which is offensive to a reasonable sense of personal dignity is offensive contact, satisifying the “harmful or offensive contact” element of battery.
Holding:
- Yes, blowing smoke in someone’s face is an intentional offensive contact
Reasoning:
- Offensive means “disagreeable or nauseating or painful because of outrage to taste and sensibilities or affronting insultingness”. Particulate matter (tobacco smoke) has the physical properties capable of making contact. Because the WLW host knew it would be insulting to Leichtman, and did it on purpose, it is battery.
Decision:
- Reversed
Disclaimer: This is not legal advice. This case brief and the others on this website are based solely on my personal understanding of the underlying case. They emphasize the points that my law professors emphasized. You should use them merely as a supplement to your own studies.