Carter v. Scott, 320 Ga. App. 404

Jackson, an Alzheimer’s patient, resided in Carlyle Place’s advanced Alzheimer’s unit when the December 23, 2008 incident occurred.
Scott, a facility security guard, intervened in a fight between Jackson and a nurse, during which Jackson kicked Scott in the knee.
Carter, as executor of Jackson’s estate, asserted defenses including lack of mental capacity and assumption of the risk.
Scott moved for partial summary judgment arguing Jackson’s documented lack of capacity did not relieve liability; Carter cross-moved for summary judgment.
The trial court granted Scott’s partial summary judgment on lack of capacity and denied Carter’s cross-motion; summary judgment on the mental-capacity defense for Carter was denied.
On appeal, the court affirmed Scott on lack of capacity, affirmed Carter on denial of summary judgment on mental capacity, but reversed as to Carter on the assumption-of-risk defense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does institutionalized mental incapacity waive duty?	Scott	Carter	Affirmed Scott; no duty defense rejected
Did Scott assume the risk as a matter of law?	Scott	Carter	Reversed; Scott assumed risk as a matter of law

Central of Ga. R. Co. v. Hall, 124 Ga. 322 (1905) (insane person liable for torts absent malice)
Continental Cas. Co. v. Parker, 167 Ga. App. 859 (1983) (insanity not a defense to negligence)
Sauers v. Sack, 34 Ga. App. 748 (1925) (insanity not defense to compensatory damages for assault)
State Farm Fire &c. Co. v. Morgan, 185 Ga. App. 377 (1987) (insanity/competence defense limited to intentional torts)
Cornelius v. Morris Brown College, 299 Ga. App. 83 (2009) (assumption of risk for deliberate participation in a fight)
Fagan v. Atnalta, Inc., 189 Ga. App. 460 (1988) (recognizes assumption of risk principles in fights)
Martin v. Gaither, 219 Ga. App. 646 (1995) (Fireman’s Rule applicability to public safety context)