Berberian v. Lynn

845 A.2d 122 (2004)

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Nature of the Case

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Facts

Gernannt, now deceased, was involuntarily committed to Bergen Pines with a diagnosis of senile dementia, Alzheimer's type. P was a nurse supervisor in the long-term care unit and had over twenty years of experience working with Alzheimer's patients. She had direct experiences with Gernannt and knew that he had dementia and a history of agitation, including prior acts of violence towards staff. P was also aware of the Bergen Pines standard patient aggression policy. That policy stated that if a patient with dementia is violent, aggressive, resistant, or unredirectable, the nurse should retreat from the patient and call security for assistance. Gernannt attempted to leave the unit by way of the fire exit and set off the alarm. Nurse Christine Schell tried to redirect him, but he began hitting her. Schell backed away and walked down the hall to call security. P then approached him and extended her hand to help him to his room. Gernannt grabbed P's hand, pulled her toward him, and then pushed her back, causing her to fall and fracture her right leg. Ps sued Ds. Gernannt died and eventually, the case went to trial. D moved for an involuntary dismissal. The trial court denied the motion for involuntary dismissal. Ps requested a 'reasonable man' standard instruction. The trial court denied the request and charged as follows: Now in determining the standard of care that defendant, Edmund Gernannt should have used, you must measure his actions as you would a reasonably prudent person who has Alzheimer's dementia. D got the verdict and Ps appealed. The appeals court affirmed: 'the appropriate capacity-based standard of care for mentally incompetent defendants, such as Gernannt, is that of a reasonable prudent person who has Alzheimer's disease in light of the defendant's capacity.'