Creasy v. Rusk
Indiana Supreme Court
730 N.E.2d 659 (2000)
Lloyd Rusk (defendant), suffering advanced Alzheimer's disease causing violent, uncontrollable behavior, was admitted to a nursing home where Creasy (plaintiff) worked as a nursing assistant specifically caring for Alzheimer's patients; Creasy knew Rusk had been particularly aggressive that evening, and while helping put him to bed, he kicked her, causing injury. Creasy sued Rusk for negligence; the trial court granted Rusk summary judgment, the appellate court reversed, and the Indiana Supreme Court granted transfer.
Whether (1) adults with mental disabilities are generally held to the same standard of care as that of a reasonable person under the circumstances, without regard to their capacity to control or understand the consequences of their actions, and (2) institutionalized Alzheimer's patients with no capacity to control their conduct owe a duty to their professional caregivers to refrain from violent behavior.