Indiana Supreme Court
730 N.E.2d 659 (2000)
Rusk (defendant) was a patient at a mental health facility where Creasy (plaintiff) worked as a nursing assistant. Rusk suffered from Alzheimer’s disease and often acted belligerent, combative, and aggressive towards staff members. One night when Creasy was attempting to put Rusk to bed, Rusk kicked Creasy several times causing her injury. Creasy then brought a negligence claim against Rusk, but the trial court granted summary judgment in favor of Rusk. The court of appeals reversed the trial court’s decision, holding that Rusk’s mental capacity was relevant to the existence of a legal duty.
Rule of Law
Holding and Reasoning (Sullivan, J.)
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