CREASY V. RUSK, 730 N.E.2d 659 (2000) CASE BRIEF

CREASY V. RUSK

730 N.E.2d 659 (2000)

NATURE OF THE CASE: On petition to transfer following reversal by the Indiana Court of Appeals of the Carroll Circuit Court, Creasy (P) appealed the summary judgment granted in favor of Rusk (D) in suit for injuries suffered when P was kicked by D, an Alzheimer's patient.

FACTS: D was admitted to the Brethren Healthcare Center ('BHC') because he suffered from memory loss and confusion. The primary diagnosis was Alzheimer's disease. Over the course of three years at BHC, Rusk experienced periods of anxiousness, confusion, depression, disorientation, and agitation. D often resisted when staff members attempted to remove him from prohibited areas of the facility. On several occasions, D was belligerent with both staff and other residents. D was often combative, agitated, and aggressive and would hit staff members when they tried to care for him. BHC employed P as a certified nursing assistant for 20 months prior to this incident. P's responsibilities included caring for D and other patients with Alzheimer's disease. P did not have specialized training on how to care for people with Alzheimer's disease. P knew that D had Alzheimer's disease. On the day in question, P knew that D had been 'very agitated and combative that evening.' P alleged that when she was trying to put D to bed he was hitting and kicking wildly. She was kicked in the left knee and hip area and her lower back popped and she yelled out with pain from my lower back and left knee. P sued D seeking monetary damages. D moved for summary judgment and the trial court granted his motion. P appealed. The Court of Appeals reversed, holding 'that a person's mental capacity, whether that person is a child or an adult, must be factored [into] the determination of whether a legal duty exists.'

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner