Anicet v. Gant
Florida District Court of Appeal
580 So. 2d 273 (1991)
- Written by Katrina Sumner, JD
Facts
Edgar Anicet (defendant) was a violently insane 23-year-old who suffered mental illness and hospitalizations throughout his life. Anicet was confined to a mental hospital in Florida in 1986, where he continued to manifest an inability to refrain from violent acts, including throwing objects such as rocks and chairs at others. Partially for this reason, Anicet was confined on a ward for patients who presented the greatest danger. One day, Preston Gant (plaintiff), an attendant at the mental hospital, witnessed Anicet hurl a chair at another patient. Gant intervened. As Gant walked away, Anicet attempted to hit Gant by throwing a heavy ashtray at his head. Gant injured himself while twisting to avoid being struck. Workers’ compensation covered Gant’s economic loss. In addition, Gant sued Anicet for the intentional torts of assault and battery. Both Gant and Anicet moved for summary judgment on Anicet’s liability. At trial, a judge granted Gant’s motion and denied Anicet’s motion. After a jury determined Gant’s damages award, a final judgment was entered. Anicet appealed the final judgment.
Rule of Law
Issue
Holding and Reasoning (Schwartz, C.J.)
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