Saturday, October 4, 2014

McGuire v. Almy case brief

McGuire v. Almy case brief summary

Facts: The P is a registered nurse and hired to take care of D on 24 hour duty basis, who is an insane person. One day, the P entered the D’s room finding that the D was breaking up the furniture. Later on, D struck the P, causing P the injuries.

Whether the D, who is insane person, causing the injuries to the P is liable for tort for assault and battery.

When P was entering the D’s room while the D was breaking up the furniture, whether P could assume the risk of being hurt by D.
While D was doing the harm to P, whether the D, insane person, is capable of entertaining the intent to strike and injure the P and that D acted upon that intent.

Rule: Where an insane person by his act does intentional damage to the person or property of another, he is liable for that damage if he is capable of entertaining the intent to commit the act and in fact entertained the intent


The court gives a public policy statement.  Court believes that this opinion is good for the public.
However, there is a moral hazard problem (let the insane people alone...and do what ever they want)

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