Mcguire v. Almy, Sup. Jud. Ct. Of Mass.,

297 Mass. 323, 8 N.E.2d 760 (1937).

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Nature of the Case

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Facts

McGuire (P) was a registered nurse who was a graduate of a nursing school. P had been employed to give care to Almy (D), an insane person, on a 24-hour basis. P knew that D was insane but in good physical condition. D was kept locked in her room. Almost 18 months after P started work, D had a violent attack during which she broke furniture and warned P not to enter her room, or she would be killed. P decided that it would be better to remove the broken items before D did any more harm to herself. Two parties watched as P approached D who was positioned with a piece of furniture raised above her head, ready to strike. P tried to grab D's hand, and D struck P. P was injured in the head and brought an action for the injuries. The jury gave the verdict to P. D had moved for a directed verdict but the Superior Court (Massachusetts), denied D's motion for a directed verdict and entered judgment for plaintiff and awarded damages, in P's action for tort assault and battery.