Martin Wishnatsky, Plaintiff and Appellant, v. David W. Huey, Defendant and Appellee

"The Overly-Sensitive Intruder"

Should findings of offensive-contact-battery be based on a plaintiff’s level of sensitivity, or a more general standard?

Plaintiff opened the door to an office in which defendant and plaintiff’s employer were having a private conversation. Defendant closed the door, pushing the plaintiff back out. No physical injuries were alleged by the plaintiff. The plaintiff claimed that as a born-again Christian, he was especially sensitive to “evil spirits” and “the demonic”; therefore, defendant's actions greatly offended him.

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.