Wednesday, February 22, 2012

Creasy v. Rusk Case Brief

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

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

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

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

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

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