Torts Keyed to Epstein
McGuire v. Almy
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff was a registered nurse. Defendant was an insane person. Before Plaintiff was hired to care for Defendant, she learned that Defendant had a mental disorder, but was in good physical health. During the period of fourteen months, while Plaintiff cared for Defendant, Defendant had a few odd spells when she showed hostility towards Plaintiff. Defendant, while locked in her room, had a violent attack during which she broke furniture and warned Plaintiff not to enter Defendant’s room or she would be killed. Plaintiff decided that it would be better to remove the broken items before Defendant did any more harm to herself. Plaintiff approached Defendant, who was positioned with the leg of a low-boy raised above her head, ready to strike. Plaintiff tried to grab Defendant’s hand and Defendant struck Plaintiff, causing injuries for which the action was brought. The jury returned a verdict in favor of Plaintiff. Defendant appealed.
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