Torts
McGuire v. Almy
Names of Parties: The Court: Date: 1937 Cause of Action: Assault and battery Facts: The (P) was employed to take of the (D) who was insane. She had worked there for 14 months with no prior altercations of any kind. One night the (D) became enraged and hit the (P) in the head causing injury. Differing Allegations (if any): the (P) assumed the risk by knowingly taking care of an insane or mentally handicap person. Prior Procedural History: Rules: If a person has the capacity or is capable of entertaining the intent to injure another person and that person does acts upon that intent, then that person can be held liable for his/her actions. Issues: Can a person who is mentally handicapped be liable for battery or assault? Courts Decision: Judgment for the Plaintiff on the verdict. Reasoning: The court rules that although it was not enough to just say that an insane person can be found liable just as a reasonable person could be found liable, that the (D) in this case did have the capabilities to entertain and harm or injure another person, for which he acted upon, thereby allowing himself to be held liable for his actions.