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Marley V. Almy Case Brief

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Marley V. Almy Case Brief
Arshiya Qasba
20141036
B.A LLB section ‘A’
Case: McGuire v. Almy CASE BRIEF

Facts: Mcguire, a nurse (P) was hired to take care of Almy (D), a mentally unfit person. One day while D was locked up in the room, he became violent. P entered the room and saw D holding the leg of a chair in her hand as if she was going to hit someone. The P tried to grab it from D. D struck the P with it and injured her. P sued D for charges of assault and battery.
Procedural history: Initially the lower court gave its verdict in favour of D. This decision was later reversed by the Supreme judicial court of Massachusetts and the verdict was given in favour of P.
Issue : Can an insane person be held liable …show more content…
For a person to be liable for an intentional tort he should have an intent to cause injury, even if there is no injury, the establishment of the fact that there was an intent to cause an injury is sufficient to hold a person liable. Hence the D is liable for charges of assault and battery. Verdict was delivered in favour of the P in the sum of $1,500.
Ratio Decidendi : For a person to be liable for his or her torts, he must be capable of considering the intent. The jury established that the D while striking the P with a piece of furniture was well aware that his action would result in causing injury to the …show more content…
The P was aware of the fact that the D was physically well but mentally unstable. The P had been taking care of the D since fourteen month and during these fourteen months there had been a few incidents when the D became violent. One day while D was locked up in the room she got a violent attack and started damaging the furniture in the room. The D warned the P not to enter the room or she would kill her. In order to control D, the P still went inside the room, she thought D might harm herself. At this point of time, she witnessed D holding the leg of a chair in her hand as if she was going to hit someone with it. The P tried to grab the piece of furniture from her hand but the D struck her with it causing injuries to the P. The Plaintiff then sued the D for charges of assault and battery. The verdict which was delivered was in favour of the P. D made an appeal against the
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