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:
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