Creasy v. Rusk

730 N.E.2d 659, 2000 Ind. LEXIS 590, 2000 WL 771809
CourtIndiana Supreme Court
DecidedJune 14, 2000
Docket08S02-9901-CV-74
StatusPublished
Cited by37 cases

This text of 730 N.E.2d 659 (Creasy v. Rusk) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Creasy v. Rusk, 730 N.E.2d 659, 2000 Ind. LEXIS 590, 2000 WL 771809 (Ind. 2000).

Opinions

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 [661]*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 loss and confusion and Rusk’s wife was unable to care for him. Rusk’s primary diagnosis was Alzheimer’s disease. Over the course of three years at BHC, Rusk experienced periods of anxiousness, confusion, depression, disorientation, and agitation. Rusk often resisted when staff members attempted to remove him from prohibited areas of the facility. On several occasions, Rusk was belligerent with both staff and other residents. In particular, Rusk was often combative, agitated, and aggressive and would hit staff members when they tried to care for him.

BHC had employed Creasy as a certified nursing assistant for nearly 20 months when the incident at issue occurred. Creasy’s responsibilities included caring for Rusk and other patients with Alzheimer’s disease. Creasy did not have specialized training on how to care for people with Alzheimer’s disease, but she did attend a short BHC presentation on the pathological effects of Alzheimer’s. Residents with Alzheimer’s had bruised Creasy during the course of her work for BHC, and Creasy knew that Rusk had Alzheimer’s disease.

On May 16, 1995, Creasy and another certified nursing assistant, Linda Davis, were working through their routine of putting Rusk and other residents to bed. Creasy knew that Rusk had been “very agitated and combative that evening.” (R. at 228.) By Creasy’s account:

[Davis] was helping me put Mr. Rusk to bed. She was holding his wrists to keep him from hitting us and I was trying to get his legs to put him to bed. He was hitting and kicking wildly. During this time, he kicked me several times in my left knee and hip area. My lower back popped and I yelled out with pain from my lower back and left knee.

(Id.)

Creasy filed a civil negligence suit against Rusk, seeking monetary damages for the injuries she suffered as a result of Rusk’s conduct. Rusk moved for summary judgment and the trial court granted his motion. Creasy appealed. The Court of Appeals reversed, holding “that a person’s mpntal capacity, whether that person is a child or an adult, must be factored [into] the determination of whether a legal duty exists,” Creasy v. Rusk, 696 N.E.2d 442, 446 (Ind.Ct.App.1998), and that a genuine issue of material fact existed as to the level of Rusk’s mental capacity, see id. at 448.

Discussion

This case requires us to decide two distinct questions of Indiana common law:

(1) Whether the general duty of care imposed upon adults with mental disabilities is the same as that for adults without mental disabilities?

(2) Whether the circumstances of Rusk’s case are such that the general duty of care imposed upon adults with mental disabilities should be imposed upon him?

I

A-

In many, if not most, jurisdictions, the general duty of care imposed on adults with mental disabilities is the same as that for adults without mental disabilities. See Restatement (Second) of Torts § 283B (1965).1 Adults with mental disabilities [662]*662are held to the same standard of care as that of a reasonable person under the same circumstances without regard to the alleged tortfeasor’s capacity to control or understand the consequences of his or her actions. See id. We will discuss the Restatement rule in greater detail in Part IC. .

B

Judge Kirsch, writing for the Court of Appeals in this case, found that Indiana law does not follow the Restatement rule. The Court of Appeals held “that a person’s mental capacity, whether that person is a child or an adult, must be factored [into] the determination of whether a legal duty exists.” Creasy v. Rusk, 696 N.E.2d 442, 446 (Ind.Ct.App.1998).2 We believe that the Court of Appeals accurately stated Indiana law but that the law ¡is in need of revision.

With respect to children, Indiana has incorporated the essence of the Restatement standard for determining the liability of children for their alleged tortious acts. The Restatement standard of conduct for a child is “that of a reasonable person of like age, intelligence, and experience under like circumstances.” Restatement (Second) of Torts § 283A (1965) (hereinafter, “Restatement rule”). Indiana reformulates the- Restatement rule into a three-tiered analysis; ■

[Children under the age of 7 years are conclusively presumed to be incapable of being contributorily negligent, from 7 to 14 a rebuttable presumption exists they may be guilty thereof, and over 14, absent special circumstances, they are chargeable with exercising the standard of care of an adult.

Bailey v. Martz, 488 N.E.2d 716, 721 (Ind.Ct.App.1986)3 (citing Smith v. Diamond, 421 N.E.2d 1172, 1177-79. (Ind.Ct.App.1981)), transfer denied? In the age seven to fourteen category, Indiana applies thé Restatement standard’ and ascertains whether the child exercised the care under the circumstances of a child of like age, knowledge, judgment, and experience. See id.

[663]*663• Consistent with recognizing a rule that holds a child to a standard of care proportionate to his or her capacity, see Baltimore & Ohio Southwestern R.R. Co. v. Hickman, 40 Ind.App. 315, 318, 81 N.E. 1086, 1087 (1907), Judge Kirsch observed that Indiana has also indicated a willingness to consider the mental capacity of an adult with mental disabilities when determining negligence liability, Creasy, 696 N.E.2d at 445. See generally Kroger Co. v. Hawn, 177 Ind.App. 403, 413, 379 N.E.2d 1004, 1010-11 (1978) (“[A]bsent extenuating circumstances such as age or mental incompetency, ... contributory negligence may be found either where plaintiff has actual knowledge of the danger, or, in the exercise of reasonable care, should have appreciated the danger.”); Hunsberger v. Wyman, 247 Ind. 369, 373, 216 N.E.2d 345, 348 (1966) (“In order for an act or an omission to constitute negligence, a person to be charged must have knowledge or notice that such an act or omission involved danger ■ to another.... Where there is no knowledge, actual or constructive, of. danger or peril on the part of a defendant, he cannot be charged with negligence.”); Riesbeck Drug Co. v. Wray, 111 Ind.App.

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Bluebook (online)
730 N.E.2d 659, 2000 Ind. LEXIS 590, 2000 WL 771809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/creasy-v-rusk-ind-2000.