This section contains the nature of the case and procedural background.

Turk (D) was a doctor performing a gallbladder operation. D began to perform a laparoscopic cholecystectomy. When difficulties occurred, he converted the operation to an open procedure. D became frustrated with his nurse. Snyder (P) in the operating room and grabbed her shoulder and pulled her face down toward the opening in the patient saying, 'Can't you see where I am working? I'm working in a hole. I need long instruments.' P sued D for intentional infliction of emotional distress, civil battery, and slander. The lower court directed a verdict against P's complaint. Its reasoning on the battery issue was that there was no evidence that D intended to inflict personal injury. P appealed.

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