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Creasy v. Rusk

Indiana Supreme Court
730 N.E.2d 659 (2000)


Facts

Lloyd Rusk (defendant) suffered from advanced-stage Alzheimer's disease, which caused him to suffer intense confusion, memory loss, anxiety, depression, and agitation. When Rusk's wife became unable to care for him, she admitted him to a nursing home at which Carol Creasy (plaintiff) worked as a nursing assistant. Creasy's responsibilities included caring for Rusk and other Alzheimer's patients. Rusk's disease often made him belligerent, combative, and aggressive toward nursing-home staff as they attempted to care for him. One evening, Creasy knew that Rusk had been particularly violent and aggressive. As Creasy and another nursing assistant attempted to put Rusk to bed, Rusk kicked Creasy several times in the knee and hip. Creasy was injured, and she brought a negligence claim against Rusk seeking damages for her injuries. The trial court granted summary judgment in Rusk's favor, but the appellate court reversed. The Indiana Supreme Court granted transfer and reviewed the case.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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Questions & Answers


engage in society

" the mentally disabled responsible if they are to engage themselves in society"

Since the patient was incapacitated in an institution, ought the court took that fact into consideration when considering if all disabled person desire or have opportunity to engage in society?

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