15/06/2023
LAW 402A
Leichtman v. WLW Jacor Communications, Inc.
Facts: The plaintiff, Leichtmann, is suing WLW Jacor Communications Inc. for invasion of
privacy and battery. The plaintiff appeared as a guest on the defendant's radio program to
express his anti-smoking stance. An employee of the radio program litand repeatedly exhaled
cigar smoke into the plaintiff's face while he was present. The plaintiff has filed a claim for
battery due to the smoke in his face.
Issue:
Does the inhalation of smoke wafted into one's face constitute a sensation of battery?
Rule: The defendant can be charged with battery if they had the intent to injure or offend
another party.
Analysis:
The court observed that the plaintiff did not smoke and did not wish to inhale
accumulated smoke. The employee intended to offend the plaintiff by blowing smoke in his
face.
Conclusion:
The trial court ruled in favor of the plaintiff for the objectionable contact with
another party from direct results.
