Gregory v. Cott

331 P.3d 179 (2014)

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Nature of the Case

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Facts

D contracted with a home health care agency to assist with his 85-year-old wife, who had long suffered from Alzheimer's disease. P was assigned to work in D's home. P was trained to care for Alzheimer's patients, and had done so in other assignments. She knew they could be violent. D told her Lorraine was combative and would bite, kick, scratch, and flail. P's duties included supervising, bathing, dressing, and transporting Lorraine, as well as some housekeeping. As P was washing a large knife, Lorraine approached her from behind, bumped into her, and reached toward the sink. When P attempted to restrain Lorraine, she dropped the knife, which struck her wrist. P lost feeling in several fingers and experienced recurring pain. P received workers' compensation. P sued D for negligence and premises liability. D moved for summary judgment, and it was granted. The Court of Appeals affirmed; P's claims were barred by the primary assumption of risk doctrine. P appealed.