Defense of Assumption of Risk Bars Claim in In-Home Caregiver’s Negligence Action Against Alzheimer’s Patient (Cal. App.)

Bernard Cott contracted with a home care agency to provide the services of an in-home caregiver to care for his wife, defendant Lorraine Cott, who suffered from Alzheimer's disease. Lorraine injured the caregiver, Carolyn Gregory, who thereupon sued Lorraine for battery and Lorraine and Bernard for negligence and premises liability. The court entered summary judgment for the Cotts on the ground of primary assumption of risk. On appeal, the decision was affirmed. The court stated that, as a general rule, persons have a duty to use due care to avoid injury to others, and may be held liable if their…

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