Creasy v. Rusk

ON PETITION TO TRANSFER

SULLIVAN, Justice.

■ Carol Creasy, a certified nursing assistant, sued Lloyd Rusk, an Alzheimer’s patient, for injuries she suffered when he *661kicked her while she was trying to put him to bed. We hold that adults with mental disabilities have the same general duty of care toward others as those without. But we conclude that the relationship between the parties and public policy considerations here are such that Rusk had no such duty to Creasy.

Background

In July, 1992, Lloyd Rusk’s wife admitted Rusk to the Brethren Healthcare Center (“BHC”) because he suffered from memory…