Plaintiff is a “well known” anti-smoking advocate; at the invitation of a radio talk host, he made radio appearance. Plaintiff claims that a co-host lit a cigar and repeatedly blew smoke in his face. Plaintiff sued the radio host, co-host, and the radio station for battery, invasion of privacy, and for violation of a health regulation. Trial court dismissed the complaint and plaintiff appealed.
ISSUES:
Is blowing smoke in someone’s face battery? When a person accepts an invitation to appear, can he claim invasion of privacy? Is an employer responsible for an employee’s actions if the employee is acting within his scope? Is there a basis for private remedy for violation of a regulation already in force?
RULE:
Blowing smoke in someone’s
ISSUES:
Is blowing smoke in someone’s face battery? When a person accepts an invitation to appear, can he claim invasion of privacy? Is an employer responsible for an employee’s actions if the employee is acting within his scope? Is there a basis for private remedy for violation of a regulation already in force?
RULE:
Blowing smoke in someone’s