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Prince v. Esposito

The plaintiff could not complain of battery, since he consented to the chiropractic adjustment, which he claims resulted in his injury.

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Jeffrey Prince sued Dr. Joseph Esposito and Health Plus, P. C. d/b/a Health Plus Chiropractic Center “Health Plus”,1 alleging that Esposito committed battery against him during chiropractic treatment at Health Plus. Esposito and Health Plus moved for summary judgment, and the trial court granted the motion. For reasons that follow, we affirm. 1. Summary judgment is appropriate when the evidence, construed favorably to the nonmoving party, demonstrates that no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law.2 Viewed in this manner, the record shows that Esposito began treating Prince for back pain in 1989, performing numerous chiropractic “adjustments” on the vertebrae in Prince’s back. On May 14, 2001, Prince went to Esposito’s office to obtain a ” ‘free birthday adjustment’ ” offered by Esposito. Although Prince felt fine and had not sought treatment for approximately seven months, he decided to take advantage of Esposito’s offer for “ maintenance” purposes.

When Esposito entered the examining room, Prince noticed that his demeanor was “cold” and not as “jovial” as ususal. Esposito placed his hands on Prince’s lower back, and Prince stated that he was there for his free adjustment. At that point, Esposito “pushed down as hard as he could to the point where Prince’s arms and legs almost came off the table.” According to Prince, the adjustment was not “normal” and caused him significant pain. After the adjustment, Esposito’s face was red, and he appeared “stern” and angry. Prince continued his treatment with electric stimulation therapy, then left the office without speaking to Esposito.

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