McGuire v Almy

McGuire v Almy - with witness to check on defendant There...

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Case Briefs John L. Kachelman, III ~ 1 ~ McGuire v. Almy 8 N.E.2d 760 (Mass. 1937) Type of Action Assault and battery Facts Plaintiff was employed to care for a declared mental patient (defendant). While caring for defendant 24 hours a day, there were precautions to insure safety for the plaintiff and defendant (i.e. kept doors locked, wire on window). During the span of 14 months that the plaintiff had cared for defendant, there had been a few “odd spells.” The defendant had been violent at times, and there were instances where the defendant had to be subdued. 4/19—the defendant had a violent attack. Plaintiff heard crashing noises, went along
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Unformatted text preview: with witness to check on defendant. There were broken things on floor, and plaintiff and witness thought it would be best to remove the broken items before the defendant was caused harm. Plaintiff went into the room and when she walked toward the defendant, he struck her head with the item he was holding, causing her injuries for which she is suing. Procedural History Dist. Ct.—found for plaintiff Appellate—affirmed for plaintiff Contentions of Plaintiff The defendant should be held liable because his acts were Contentions of Defendant Issue(s) Holding Rule(s) Rationale Result...
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