white v muniz

For example, a person of reasonable intelligence knows with substantial certainty that a stone thrown into a crowd will strike someone and result in an offensive or harmful contact to that person. Everly has been diagnosed with dementia. Brief Fact Summary. Rule: An actor is subject to liability to another for battery if: Knapp & Sachs, P.C., Benjamin Sachs, Debra Knapp, Denver, Colorado; Law Office of Kathleen Mullen, P.C., Kathleen Mullen, Denver, Colorado; The Legal Center For People With Disabilities And Older People, Chester R. Chapman, Claire Williamson, Denver, Colorado; Law Offices of John Robert Holland, P.C., John Robert Holland, Denver, Colorado, Attorneys for Amici Curiae AARP, The Alzheimer's Association (National), The Alzheimer's Association Rocky Mountain Chapter, The ARC of Colorado, Guardianship Alliance of Colorado, The Legal Center for People with Disabilities and Older People, and National Citizens' Coalition for Nursing Home Reform. Get free summaries of new Colorado Supreme Court opinions delivered to your inbox! This chapter introduces adverse possession, a legal process to gain (or lose) title to either real or personal property. Synopsis of Rule of Law. The jury rendered verdicts in favor of Everly and White. Audio opinion coming soon. The court of appeals reasoned that most states continue to hold mentally deficient plaintiffs liable for their intentional acts regardless of their ability to understand the offensiveness of their actions. But D argues that she has to also appreciate the harm of the contact. THE FEDERALCOMMERCE POWER White seeks an extension of Horton to the mentally ill, 7 and Muniz argues that a mere voluntary movement by Everly can constitute the requisite intent. Operating in accordance with this instruction, the jury had to find that Everly appreciated the offensiveness of her conduct in order to be liable for the intentional tort of battery. Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/white-v-munizDid we just become best friends? These courts would find intent in contact to the back of a friend that results in a severe, unexpected injury even though the actor did not intend the contact to be harmful or offensive. In selecting the instruction on intent, the trial court determined that Everly's condition rendered her mental state comparable to that of a child. [7] Authorities often classify the insane with infants in analyzing tort liability. Please try again. Tweet In order to recover on a theory of intentional tort, the plaintiff was required to prove that the actor, despite her characteristics, desired to cause both contact and offensive or harmful consequences by her act, although not the harm that actually resulted. Everly was resident with dementia. In selecting the instruction on intent, the trial court determined that Everly's condition rendered her mental state comparable to that of a child. One of our great fears as a people, however, was that the authority of this new government might be abused by those who would handle the reins of power. Courts occasionally have intertwined these two distinct understandings of the requisite intent. Discussion. The court of appeals reversed the decision of the trial court and remanded the case for a new trial. In November of 1994, Muniz filed suit alleging assault and battery[3] against Everly, and negligence against Barbara and Timothy White. We conclude that an examination of this approach falls beyond the scope of the issue on certiorari. By analogy, the trial court determined that Everly's conduct was comparable to that of a child, and concluded that the instruction on intent should include a requirement that, to have committed an assault, Everly must have appreciated the offensiveness or wrongfulness of her act. Cross), Principles of Environmental Science (William P. Cunningham; Mary Ann Cunningham), Civilization and its Discontents (Sigmund Freud), Chemistry: The Central Science (Theodore E. Brown; H. Eugene H LeMay; Bruce E. Bursten; Catherine Murphy; Patrick Woodward), Educational Research: Competencies for Analysis and Applications (Gay L. R.; Mills Geoffrey E.; Airasian Peter W.), Give Me Liberty! Chapter 8 The legal action to remove a trespasser is called ejectment. 118 Idaho 400, 797 P.2d at 109. Did the trial court err in improperly instructing the jury on intent? See Mujica v. Turner, 582 So. On November 21, 1993, the caregiver in charge of Everly's wing asked Sherry Lynn Muniz, a shift supervisor at Hover, to change Everly's adult diaper. Three theories: There are three main theories under which a seller of a chattel ca Subject of law: Chapter 14. Case Name: White v. Muniz Citation: 999 P.2d 814 (Colo. 2000) Key Facts: An elderly woman, Everly, who lives in an assisted living facility hits Muniz, a shift supervisor, while she is attempting to change her adult diaper.Everly was diagnosed with progressive dementia, loss of memory, impulse control and judgment, and Alzheimers. e;[6] Keeton 8. Ins. See Hall v. Walter, 969 P.2d 224, 238 (Colo.1998) (stating that the court presumes the jury followed instructions in reaching its verdict). Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Muniz requested the following instruction: "A person who has been found incompetent may intend to do an act even if he or she lacked control of reason and acted unreasonably." TheFourteenth Amendmentenacted in furtherance of its purpose operate to qualify and entitle a colored man to acquire property without state legislation discriminating against him solely Subject of law: Constitutional Law Keyed to Rotunda. She became agitated easily, and occasionally acted aggressively toward others. Federal government: The direct text of the Cl Subject of law: Chapter 10. [4] The case proceeded to a jury trial on March 17, 1997. The trial judge informed Zak that she was going to appoint Belle as standby counsel for Zak. White v. Muniz Dual intent jurisdiction requires actor to understand that contact would be harmful Hall v. McBride Transfer of intent; intended to assault people on his property by aiming gun, instead shot neighbor across the street Baker v. Shymkiv The Elusive Element of Duty: Two Principles in Search of an Exception Initially, Everly wasnt cooperative in allowing Muniz to change her diaper, but eventually Muniz believed Everly relented. The newspaper got the information lawfully from an inadvertent mistake by the police department when it prepared a report with B.J.F.s full name and placed the report in its publicly accessible press room. Petitioner, Barbara White, as personal representative of the estate of Helen Everly, appeals the decision of the court of appeals in Muniz v. White, 979 P.2d 23, 25 (Colo.App.1998), which determined that a mentally incapacitated adult should be held liable for her intentional tort even if she was unable to appreciate the wrongfulness of her actions.1 We disagree with the court of appeals. We presume that the jury looked into the mind of Everly, and reasoned that Everly did not possess the necessary intent to commit an assault or a battery. In his report, the guardian ad litem concluded that Everly suffered from senile dementia, Alzheimer type, in accordance with the medical reports. An elderly woman who was placed in a personal care center began to exhibit erratic behavior, becoming agitated easily and acting aggressively toward others on occasion. State courts and legal commentators generally agree that an intentional tort requires some proof that the tortfeasor intended harm or offense. You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs. Please check your email and confirm your registration. Citation. In Horton v. Reaves, 186 Colo. 149, 526 P.2d 304 (1974), we examined the jury instructions used to determine if a four-year-old boy and a three-year-old boy intentionally battered an infant when they dropped a baby who suffered skull injuries as a result. The Dormant Commerce Clause. Justice KOURLIS delivered the Opinion of the Court. For simplicity, we address the issues in this case in terms of the battery claim only. The trial court settled on a slightly modified version of White's instruction. Further, since this case was not tried to the jury on a negligence claim, the duty of care owed by the patient to the caregiver for negligence purposes was not an issue. 17, 2000) See 13-21-111, 5 C.R.S. 803) 1. at 26. DUE PROCESS OF LAW We find that the law of Colorado requires the jury to conclude that the defendant both intended the contact and intended it to be harmful or offensive. The question we here address is whether an intentional tort requires some proof that the tortfeasor not only intended to contact another person, but also intended that the contact be harmful or offensive to the other person. [1] We disagree with the court of appeals. Plaintiff appealed and the court ruled that a mentally incapacitated adult should be held liable for her intentional tort even if she unaware of her wrongful actions. (CCH) P50,499, 2000 Cal. See Brzoska v. Olson, 668 A.2d 1355, 1360 (Del.1995) (stating that battery is an intentional, unpermitted contact on another which is harmful or offensive; and that the intent necessary for battery is the intent to contact the person); White v. University of Idaho, 118 Idaho 400, 797 P.2d 108, 111 (1990) (determining that battery requires an intent to cause an unpermitted contact, not an intent to make a harmful or offensive contact); University of Idaho, 118 Idaho 400, 797 P.2d at 111. Introduction to Individual Rights. Facts: See Horton, 186 Colo. at 155-56, 526 P.2d at 307-08. Further, since this case was not tried to the jury on a negligence claim, the duty of care owed by the patient to the caregiver for negligence purposes was not an issue. Counterclaims: A counterclaim is a claim by a defendant against a plaintiff. Cohen v. Smith See Hall v. Walter, 969 P.2d 224, 238 (Colo.1998) (stating that the court presumes the jury followed instructions in reaching its verdict). 5. However, when evaluating the culpability of particular classes of defendants, such as the very young and the mentally disabled, the intent required by a jurisdiction becomes critical. In a negligence action, comparative negligence principles may have come into play. The court held that the jury had determined that there was no such intent. A police officer found two individuals in a car parked on the side of a highway. See Keeton, supra, 8; Dobbs, supra, 29. Service 4354, 2000 Daily Journal DAR 5845, 2000 Colo. J. C.A.R. White v. Muniz 999 p.2d 814 (colo. 2000) An elderly woman who was placed in a personal care center began to exhibit erratic behavior, becoming agitated easily and acting aggressively toward others on occasion. On its face, the Commerce Clause, Article I, 8, cl. Because Colorado law requires a dual intent, we apply here the Restatement's definition of the term. The jury rendered verdicts in favor of Everly and White. Pepperdine Digital Commons | Pepperdine University Research Stay up-to-date with how the law affects your life. As we hold today, the actor's intent to harm or offend is an element of the claim. 9. Restatement (Second) of Torts 18 (1965)(emphasis added); see also Hall v. McBryde, 919 P.2d 910, 913-14 (Colo.App. Lawyering Process Fall 2020 Professor George Madison Morgan White v Muniz 999 P.2d 814 (2000) Procedural History: The trial court ruled in favor of defendant. We granted certiorari to determine: Whether the element of intent in an intentional tort requires that the defendant appreciate the offensiveness of her conduct, and whether the court of appeals erred by refusing to apply this court's rule in Horton v. Reaves, 186 Colo. 149, 526 P.2d 304 (1974), to a mentally incapacitated adult. Because we received this issue in the context of an assault and battery, we answer this question in regard to those intentional torts only. Thus, it was not enough that a person intentionally contacted another resulting in a harmful or offensive contact. Dr. Howell deduced that "she [had] a progressive dementia with characteristic gradual loss of function, loss of higher cortical function including immediate and short term memory, impulse control and judgement." Citation334 U.S. 1 (1948) Keeton, supra, 135. Procedural History: Trial ct found for Everly and White (Munizs counsel had objected to part DUE PROCESS OF LAW. Brief Fact Summary. The term is used here to include both situations where P purchased the item directly from D and those where there was no contractual relationship between P and D. The email address cannot be subscribed. Ins. Miranda v. Arizona (1966) Co., 198 Wis.2d 450, 543 N.W.2d 282 (1996). See 13-21-111, 5 C.R.S. (b)an offensive [or harmful] contact with the person of the other directly or indirectly results. Historically, the intentional tort of battery required a subjective desire on the part of the tortfeasor to inflict a harmful or offensive contact on another. How the law affects your life 1996 ) have intertwined white v muniz two distinct understandings of the requisite.... Procedural History: trial ct found for Everly and White or indirectly results text of issue... Resulting in a negligence action, comparative negligence principles may have come play! Trial ct found for Everly and White a police officer found two individuals in a negligence,. 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