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Zittrain Torts Playlist Spring 2013

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

Headnote

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.