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Case Name Gregory v. Cott
Date 01/28/2013
Note The assumption of risk doctrine barred a home care worker from suing a violent patient for negligence.
Citation B237645
WCC Citation WCC 39762013 CA
GREGORY v. COTT CAROLYN GREGORY, Plaintiff and Appellant, v. LORRAINE COTT et al. , Defendants and Respondents. Lorraine injured the caregiver, plaintiff Carolyn Gregory, who thereupon sued Lorraine for battery and Lorraine and Bernard for negligence and premises liability. In this case, Mrs. Cott was not an Alzheimer's patient; vis-à-vis plaintiff, she was not a patient at all. Mrs. Cott was not placed in plaintiff's care, first and foremost because, having no medical or nursing license or certification, plaintiff was completely unqualified to provide medical care to Mrs. Cott. Given that Mrs. Cott was unable to care for herself, and knowing that she was at times aggressive and combative, Mr. Cott chose, no doubt at great personal sacrifice, to care for her at home.

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