The case of Snyder v. Turk p40 involves the Procedural History regarding a directed verdict for Dr. Turk where the lower court found an absence of evidence showing his intention to cause personal injury. A directed verdict is a ruling by a trial judge that removes the case from the jury because the evidence supports only one reasonable decision and tests the sufficiency of evidence to prove the necessary elements. The issue at hand is whether Dr. Turk intended to commit battery when he touched D but did not have the intention to cause personal injury. The question arises as to whether initiating contact that would be offensive to a reasonable person constitutes an intention to commit battery. The facts of the case reveal that Dr. Turk was performing a gall-bladder operation that was not going smoothly, causing him frustration t
...owards the P who he believed was making mistakes and hindering progress. Eventually, when P handed D an instrument that he deemed inappropriate, he grabbed her shoulder and pulled her face down towards the surgical opening while stating something. In his defense, D argues that there is no evidence suggesting his intention to inflict personal injury and supports the dismissal made by the lower court.
The court's argument is that if your actions purposefully cause harmful or offensive contact, and that contact results in harm or offense, you can be held responsible for battery. Offensive contact refers to contact that is offensive to a reasonable sense of personal dignity. According to the rule, a person is considered to have the intention of committing battery when they initiate contact with another person that is offensive
to a reasonable individual. The lower court made an error in this case. It was possible for reasonable individuals to conclude that Dr. Turk had the intention to commit an offensive act. The rationale behind this is that Dr. Turk intended to grab the plaintiff and pull her face, which is considered offensive to a reasonable person's sense of personal dignity.
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