Joel Foust v. Hank Douglas, Jr.

Syllabus

Suit brought by a hospital security guard and his wife to recover for injuries he sustained when a patient whom he was guarding attacked him the patient was intoxicated and had been handcuffed to a hospital bed by the security guard. At the instruction of the hospital's patient care coordinator, the security guard removed the handcuffs a short while later the patient attacked the guard, injuring him. The suit alleged that the hospital was negligent in breaching various duties, which led to the guard's injuries. The hospital moved for summary judgment, arguing it did not owe a duty to the security guard the trial court agreed and granted the motion. The security guard appeals. Upon our review, we have determined that the undisputed facts show that the hospital voluntarily assumed a duty of care to the security guard and, consequently, reverse the judgment and remand the case for further proceedings.