Gould v. American Family Mut. Ins. Co.

543 N.W.2d 282 (1996)

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Nature of the Case

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Facts

Monicken was a patient under the care of Gould (P), a head nurse. Monicken was diagnosed with Alzheimer's disease and was very difficult to control. Most of the time Monicken was restrained but when let loose would wander into other patient's rooms. When being removed from a room, P sustained personal injuries when Monicken knocked her to the floor. P sued Monicken and his insurer, American Family (D). The case was presented to the jury despite D's objections that Monicken was incapable of negligence as he was unable to appreciate the consequences of his acts or to control his behavior. The court instructed the jury according to the objective reasonable person standard for negligence, and the verdict was given to P. D appealed. The court of appeals reversed. P appealed.