Wednesday, August 27, 2008

Polmatier v. Russ

Polmatier v. Russ
206 Conn. 229, 537 A.2d 468 (1988)

Facts: Defendant beat the ever living daylights out of and then shot Mr. Palmatier, the plaintiff's husband. Defendant was declared legally insane.

Procedure: Trial court found for the plaintiff; Defendant appealed.

Issue: Did the defendant have intent?

Holding: Yes

Reasoning: You can have intent and irrational reasons- this is distinct from uncontrollable muscle spasms. Also, insane persons can be held civilly liable. (Wrongful death statute doesn't require intent; some policy reasons about punishing the actor if both parties are innocent, reduce fraud, and increase family responsibility.)

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