The following section from Day on Torts Leading Cases in Tennessee Tort Law​​​ is out of date and should not be used. It remains a part of this site for historical purposes only. An updated version of the book is available by subscription at (Additional information below.)

§6.2 Battery – Generally

The Case: Doe v. Mama Taori's Premium Pizza, LLC , No. M1998-00992-COA-R9-CV, 2001 WL 327906 (Tenn. Ct. App. Apr. 5, 2001).

The Basic Facts: Adult employee of pizza parlor engaged in homosexual conduct with minor, part-time employee of parlor. Minor, through his parents, brought numerous causes of action, including battery.

The Bottom Line:

  • "A battery is an intentional act that causes an unpermitted, harmful or offensive bodily contact. Cary v. Arrowsmith, 777 S.W.2d 8, 21 (Tenn. Ct. App. 1989); [Restatement (Second) of Torts] § 18(1) (1965); 7 Stuart M. Speiser, et al., [The American Law of Torts] § 26:12 (1990) ("Speiser"). Offensive contact is contact that infringes on a reasonable sense of personal dignity ordinarily respected in a civilized society. [Restatement (Second) of Torts] § 19 (1965); [1 Fowler W. Harper, et al., The Law of Torts] § 3.2 (3d ed. 1996) ("Harper"); [1 Dan B. Dobbs, The Law of Torts] § 28, at 52-53 (2001) ("Dobbs")." 2001 WL 327906 at *4.

Recent Cases: Runions v. Tennessee State University , No. M2008-01574-COA-R3-CV, 2009 WL 1939816 (Tenn. Ct. App. Feb. 17, 2009) (holding alleged physical contact was not so offensive as to rise to the level of civil battery where professor physically escorted student out of classroom).

After an accident, many injury victims and their families want more information on the accident and their legal rights. Consequently, many of them have found their way to these pages. While we are happy you are here, please understand Day on Torts: Leading Cases in Tennessee Tort Law was written to be a quick, invaluable reference for Tennessee tort lawyers. While the book provides the leading case for more than 300 tort law subjects and thousands of related case citations, it is not a substitute for personalized legal advice from a qualified lawyer.

Rather than researching these legal issues alone, we urge you to contact one of our award-winning lawyers who can sit down with you, review your case, answer your questions and clearly explain your rights and your options in a no-cost, no-obligation consultation. Our experienced attorneys handle all personal injury and wrongful death cases on a contingency basis, so we only get paid if we win. If for any reason you are unable to come to our office, we will gladly come to you.

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The foregoing is an excerpt from Day on Torts: Leading Cases in Tennessee Tort Law, published by John A. Day, Civil Trial Specialist, Fellow in the American College of Trial Lawyers, recipient of Best Lawyers in America recognition, Martindale-Hubbell AV® Preeminent™ rated attorney, and Top 100 Tennessee Mid-South Super Lawyers designee. Read John’s full bio here.

The book is now available electronically by subscription at The new format allows us to keep the book current as new opinions are released. BirdDog Law also has John's Tennessee Law of Civil Trial and Compendium of Tennessee Tort Reform Statutes available by subscription, as well as multiple free resources to help Tennessee lawyers serve their clients

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