Polmatier v. Russ

Connecticut Supreme Court · Torts

TortsIntentional TortsInsanityWrongful DeathBatteryinsanityintentional tortbattery

Facts

Norman Russ visited the home of his father-in-law, Arthur Polmatier, and was seen beating Polmatier on the head with a beer bottle while Polmatier cried out, "Norm, you're killing me!" Russ then took ammunition and a 30-30 caliber rifle from the house, returned to the living room, and shot Polmatier twice, causing his death. Russ was later found nearby with blood on his clothes, holding the rifle and his infant daughter. In both the criminal and civil proceedings, psychiatric testimony established that Russ was suffering from severe paranoid schizophrenia, and the trial court found that he was insane at the time of the homicide, though capable of making a "schizophrenic or crazy choice."

Issue

Is an insane person civilly liable for an intentional tort, specifically assault and battery causing wrongful death? More specifically, did the defendant's insanity prevent the existence of the act and intent necessary for intentional-tort liability?

Rule

An insane person may be held civilly liable for an intentional tort. For purposes of intentional-tort liability, a defendant's conduct constitutes an act if it is an external manifestation of the will rather than a purely reflexive, convulsive, or similar movement, and insanity does not defeat intent merely because the defendant's reasons or motives are irrational.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Portland, Maine, Caleb Morrow, who suffers from severe psychosis, became convinced that his neighbor Nina Patel was an invading alien. He deliberately picked up a ceramic planter and struck Nina in the shoulder to drive her away, causing serious injury.

If Nina sues Caleb for battery, which is the most likely result?

Explanation. The majority rule adopted by the court is that an insane person may be civilly liable for an intentional tort. Tort intent exists if the actor desires the consequences or knows they are substantially certain to result, and irrational motives caused by insanity do not defeat that intent. Because Caleb deliberately struck Nina, his delusion does not prevent battery liability. (Derived from Polmatier v. Russ (n.d.).)