Court of Appeals Victory for McSweeney / Langevin

Publish Date : 09/16/2024

Rhett McSweeney scored an important Minnesota Court of Appeals victory on behalf of a client seriously injured as a result of an alleged assault and battery. McSweeney / Langevin’s client, James Thomas Miller, challenged the dismissal of his civil assault and battery claims against the estate of Mark Thomas Pavelich. Miller alleged Pavelich assaulted him with a metal pipe, causing serious injuries. Pavelich, who suffered from mental illness, was later deemed incompetent to stand trial in the related criminal matter, and was eventually committed to a state facility. After Pavelich’s death, Miller sued the estate, but the district court granted summary judgment, determining Pavelich lacked the mental capacity to form the intent necessary for an intentional tort. The court based its decision on a psychological evaluation from the related criminal case, which alleged Pavelich acted out of delusional beliefs and could not understand the wrongfulness of his actions.

Miller argued Pavelich’s intent was a matter for the jury to decide and pointed out Pavelich had acknowledged his violent actions during the delusion. The district court, however, ruled there was no genuine issue of material fact about Pavelich’s intent and dismissed the case. However, on appeal, it was determined the district court erred by applying the wrong legal standard and held genuine issues of material fact remained regarding Pavelich’s intent. As a result, the appellate court reversed the summary judgment and remanded the case for further proceedings.