Burrows v. Hawaiian Trust Company

OPINION OP THE COURT BY

LEWIS, J.

This appeal primarily presents the question of assumption of risk by a private duty registered nurse whose patient, an alcoholic, becomes violent.

Suit was instituted by the nurse for an assault and battery by the patient, who allegedly struck the nurse on the head with a table lamp. The jury found for defendant, the patient, and plaintiff appealed from the judgment entered on the verdict. Subsequently the patient died and her executor was substituted as defendant. Both the patient and her executor will be referred to as “defendant” herein, as occasion arises.

As…