Gould v. American Family Mutual Insurance Co.
Wisconsin Supreme Court
543 N.W.2d 282 (1996)
Monicken (defendant), an institutionalized Alzheimer's patient known to be disoriented and occasionally combative, knocked down Gould (plaintiff), the head nurse of his dementia unit who was attempting to redirect him back to his room and who knew his condition and behavioral history well since she cared for him regularly as part of her job. Gould and her husband sued Monicken and his insurer (defendant); the trial court found for Gould, the appellate court reversed and remanded to determine mental incapacity, and Gould sought Wisconsin Supreme Court review.
Whether public-policy considerations may provide an exception to liability for negligence if recovery would place an unreasonable burden on the tortfeasor.