Everly died on March 18, 1996. For simplicity, we address the issues in this case in terms of the battery claim only. The same principles would apply in the assault context. Muniz originally filed suit in her name at the time, Sherry Lynn Hutcheson. Prior to trial, the trial court dismissed the negligence claim brought by Muniz against Barbara and Timothy White.
Authorities often classify the insane with infants in analyzing tort liability.
See Keeton, supra , 135. White argues that Alzheimer s patients residing in elder care facilities owe no duty of care to their caretakers because the patients reside there due to their infirmities. She contends that the caregiver assumes some risk of injury when he accepts employment serving such patients who have no capacity to control their conduct. We conclude that an examination of this approach falls beyond the scope of the issue on certiorari. Further, since this case was not tried to the jury on a negligence claim, the duty of care owed by the patient to the caregiver for negligence purposes was not an issue.