Wednesday, February 22, 2012

Creasy v. Rusk Case Brief

FACTS
-Nursing assistant kicked by patient when she was trying to put him to bed. 

ISSUE
-Do adults with mental disabilities have the same general duty of care towards others as those without disabilities?

HOLDING
-Yes
-Here, however, due to policy considerations, the duty did not exist.

RULES
-The general duty of care imposed on adults with mental disabilities is the same as that for adults without mental disabilities.

ANALYSIS
-Court looks at relationship between the parties, reasonable foreseeability of harm to the person injured, and public policy concerns.

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...