Berberian v. Lynn

Plaintiffs, Mary Berberian, the head nurse in a long-term care facility, and her husband, Emmanuel Berberian, sued defendant Edmund Gernannt, an institutionalized patient with Alzheimer’s dementia, his estate (defendant) 2 , Diane Lynn, in her capacity as Gernannt’s guardian, and M.H. Rainey, M.D., to recover damages for personal injuries she sustained when Gernannt pushed her. After closing arguments, the trial court instructed the jury that the applicable standard of negligence was that of “a reasonably prudent person who has Alzheimer’s dementia.” The jury found in favor of defendant. On…