Carter v. Scott

Christopher Scott sued Merrill Carter, as executor of the estate of Dr. Gordon W. Jackson, for injuries Scott allegedly sustained when Jackson kicked him in the knee. At the time of the alleged injury, Jackson was a resident of an advanced Alzheimer’s unit at the assisted living facility where Scott worked as a security guard. Carter answered, raising several defenses, including lack of mental capacity. Scott moved for partial summary judgment on the issue of Jackson’s lack of mental capacity. Carter filed a cross-motion for summary judgment. The trial court granted Scott’s motion for partial summary judgment, and denied Carter’s motion. This Court granted Carter’s application for interlocutory appeal to review the trial court’s decision. On appeal, Carter contends that Jackson, who was an institutionalized mental patient, owed no duty to Scott. Carter also contends that Scott assumed the risk of his injuries as a matter of law. For the following reasons, we affirm the grant of partial summary judgment to Scott on the issue of Jackson’s lack of mental capacity. We also affirm the denial of summary judgment to Carter on that issue. However, we reverse the denial of summary judgment to Carter on the issue of whether Scott assumed the risk of his injuries. Accordingly, the trial court’s decision is affirmed in part and reversed in part.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant or denial of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.