This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.