Carolyn Gregory, Plaintiff and Appellant v. Lorraine Cott, Defendants and Respondents

Summary

The court held that the primary assumption of risk doctrine bars professional home health care workers from recovering in tort for injuries caused by Alzheimer’s-related conduct that they were hired and trained to manage. The rule applies to in-home caregivers as well as institutional caregivers because the caregiver’s employment relationship encompasses the risk of violent behavior associated with the disease. The court affirmed summary judgment, while recognizing exceptions for undisclosed risks, risks increased beyond those inherent in caregiving, and injuries unrelated to the disease’s symptoms.