Monday, November 11, 2013

McGuire v. Almy case brief

McGuire v. Almy case brief summary
8 N.E.2d 760 (Mass. 1937)


CASE SYNOPSIS
Appeal from judgment of the Superior Court (Massachusetts), which denied defendant's motion for a directed verdict and entered judgment for plaintiff and awarded damages, in plaintiff's action for tort assault and battery.

CASE FACTS

Plaintiff was a nurse employed to take care of defendant, an insane patient. Defendant injured plaintiff when she tried to prevent defendant from injuring herself during a violent rage. Plaintiff sued defendant in an action for tortious assault and battery. The trial court denied defendant's motion for a directed verdict, and entered judgment in favor of plaintiff based upon a jury verdict.

DISCUSSION

  • On appeal, the state supreme court affirmed, because it determined the jury could find that the defendant was capable of entertaining and that she did entertain an intent to strike and to injure the plaintiff and that she acted upon that intent. 
  • Because defendant had the requisite intent, the state supreme court reasoned, despite her insanity, defendant was liable for damages resulting from her intentional acts.
CONCLUSION
Judgment for plaintiff affirmed, because the jury could find defendant entertained an intent to strike and injure plaintiff and that defendant acted on that intent, and because defendant did intentional damage to the person of another she was liable for that damage even though insane.

Also see: http://www.lawschoolcasebriefs.net/2014/06/mcguire-v-almy-case-brief-summary.html

Suggested Study Aids For Tort Law

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