BURROWS v. HAWAIIAN TRUST CO.

No. 4460.

49 Haw. 351 (1966)

417 P.2d 816

JOHNNIE LOUISE BURROWS v. HAWAIIAN TRUST COMPANY, LTD., EXECUTOR OF THE WILL OF DOROTHY HOPE KEMP, ALSO KNOWN AS DOROTHY KEMP, DECEASED.

Supreme Court of Hawaii.

August 31, 1966.


Attorney(s) appearing for the Case

Harriet Bouslog (Bouslog & Symonds of counsel) for plaintiff-appellant.

Robert M. Rothwell (Hoddick, Rothwell & Chang of counsel) for defendant-appellee.

RICHARDSON, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.


OPINION OF THE COURT BY LEWIS, J.

This appeal primarily presents the question of assumption of risk by a private duty registered nurse whose patient, an alcoholic, becomes violent.

Suit was instituted by the nurse for an assault and battery by the patient, who allegedly struck the nurse on the head with a table lamp. The jury found for defendant, the patient, and plaintiff appealed from the judgment entered on the verdict. Subsequently the patient died and...

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