730 N.E.2d 659 (Ind. 2000)
PROCEDURAL HISTORY: On petition to transfer following reversal by the Indiana Court of Appeals of the Carroll Circuit Court (Indiana), plaintiff appealed the summary judgment granted in favor of defendant in suit for injuries suffered when plaintiff was kicked by defendant, an Alzheimer's patient.
FACTS: Plaintiff, a certified nursing assistant, sued defendant, an Alzheimer's patient, for injuries she suffered when he kicked her while she was trying to put him to bed.
-The court stated that the law in Indiana was in need of revision and held that a person with mental disabilities is generally held to the same standard of care as that of a reasonable person under the same circumstances without regard to the alleged tort-feasor's capacity to control or understand the consequences of his or her actions.
-The court recognized that an exception to the general rule exists when the factual circumstances negate the factors supporting imposition of a duty.
-The court found that there was no genuine issue of material fact as to defendant's mental capacity. Defendant was in the advanced stages of Alzheimer's and was unable to control or appreciate the consequences of his actions.
-The court concluded that the relationship between defendant and plaintiff and public policy concerns dictated that defendant owed no duty of care to plaintiff.
CONCLUSION: Judgment of the trial court was affirmed and summary judgment was granted in favor of defendant because the relationship between the parties and public policy considerations were such that defendant owed no duty of care to plaintiff.
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