Carter v. Scott

MILLER, Presiding Judge.

Christopher Scott sued Merrill Carter, as executor of the estate of Dr. Gordon W. Jackson, for injuries Scott allegedly sustained when Jackson kicked him in the knee. At the time of the alleged injury, *405Jackson was a resident of an advanced Alzheimer’s unit at the assisted living facility where Scott worked as a security guard. Carter answered, raising several defenses, including lack of mental capacity. Scott moved for partial summary judgment on the issue of Jackson’s lack of mental capacity. Carter filed a cross-motion for summary judgment. The trial court granted…