Don't Miss Important Points of Law with BARBRI Outlines (Login Required). In October 1993, Barbara White. As a result, we reject the arguments of Muniz and find that the trial court delivered an adequate instruction to the jury.8. Yet, our decision does not bar future injured persons from seeking compensation. EQUAL PROTECTION Because the jury may have found Everly's conduct was intentional but that she did not appreciate the offensiveness of her conduct, the jury might have answered differently on plaintiff's claims for assault and for battery if a proper instruction had been given. *815 Rather, we conclude that under the facts present in this case, in order to recover on a theory of intentional tort, the plaintiff, Sherry Lynn Muniz, was required to prove that Everly intended to commit an act and that Everly intended the act to result in a harmful or offensive contact. See Keeton, supra, 8. Muniz then brought a battery claim . Muniz v. White - 979 P.2d 23 (Colo. App. See Horton, 186 Colo. at 155-56, 526 P.2d at 307-08. The jury rendered verdicts in favor of Everly and White. In October of 1993, Barbara White placed her eighty-three year-old grandmother, Helen Everly, in an assisted living facility, the Beatrice Hover Personal Care Center.2 Within a few days of admission, Everly started exhibiting erratic behavior. White was granddaughter of Everly who placed her into the facility. 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. Parties: Muniz was shift supervisor at assisted living facility. See Mujica v. Turner, 582 So.2d 24 (Fla.Dist.Ct.App.1991); Anicet v. Gant, 580 So.2d 273, (Fla.Dist.Ct.App.1991); Gould v. American Family Mut. Facts: Muniz. Munizs claims against Everly for assault and battery were submitted to the jury, resulting in a verdict in favor of the estate of Everly (who died during the pendency of the action). The jury was given the following instruction on intent: A person intends to make a contact with another person if she does an act for the purpose of bringing about such a contact, whether or not she also intends that the contact be harmful or offensive. Muniz sued Everly and White as her representative for assault and battery. 1998) Rule: The language in a jury instruction cannot be a ground for reversal unless it prejudices a party's substantial rights. White v. Muniz, supra, 999 P.2d at 816 n. 6 (emphasis added). It read: The fact that a person may suffer from Dementia, Alzheimer type, does not prevent a finding that she acted intentionally. Accordingly, we reverse the court of appeals, and remand for reinstatement of the jury verdict in favor of the defendant. Did the trial court err in improperly instructing the jury on intent? [4] The case proceeded to a jury trial on March 17, 1997. This site is protected by reCAPTCHA and the Google. Try it free for 7 days! S 382 (U.S. June 5, 2000) examined Everly at Longmont United Hospital. [1] 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." 1. White v. Muniz Colorado Supreme Court 999 P.2d 814 (2000) Facts White (defendant) moved her elderly grandmother, Everly, into a nursing home. 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. Subject of law: The Privilege Against Self-Incrimination. At issue, 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. Substantially affects commerce: The activity being regulated substantially affects commerce; and This chapter addresses the elusive element of duty. See Keeton, supra, 135. INTRODUCTION In October of 1993, Barbara White placed her eighty-three year-old grandmother, Helen Everly, in an assisted living facility, the Beatrice Hover Personal Care Center. MULTI-PARTY AND MULTI-CLAIM LITIGATION, Chapter 1. 2603, 105 L.Ed.2d 443 (1989) White seeks an extension of Horton to the mentally ill, and Muniz argues that a mere voluntary movement by Everly can constitute the requisite intent. You may find that she acted intentionally if she intended to do what she did, even though her reasons and motives were entirely irrational. The actor need not have intended, however, the harm that actually resulted from his action. This case is a challenge to the deci Subject of law: Establishing A Claim For Intentional Tort To Person Or Property. 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. We held that although a child need not intend the resulting harm, the child must understand that the contact may be harmful in order to be held liable. 17, 2000) Brief Fact Summary. It is hornbook law that the plaintiff in a negligence case must prove four elements in order to recover: duty, breach, causation, and damages. The Elusive Element of Duty: Two Principles in Search of an Exception White, on behalf of Everlys estate, then appealed the decision to the Colorado Supreme Court.Want more details on this case? 8.1 INTRODUCTION AND OVERVIEW 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. Daily Op. 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! As we hold today, the actor's intent to harm or offend is an element of the claim. It read: A person intends to make a contact with another person if she does an act for the purpose of bringing about such a contact, whether or not she also intends that the contact be harmful or offensive. The email address cannot be subscribed. Reasonable means: The means chosen by Congress is reasonably related to Congress obj Subject of law: Chapter 4. Brief Fact Summary. [4] Muniz originally filed suit in her name at the time, Sherry Lynn Hutcheson. Subject of law: Constitutional Rights During Police Interrogation. (Emphasis added.) This did not surprise Muniz because she knew that Everly sometimes acted obstinately. The Colorado Supreme Court in a 2000 decision did not impose tort liability on an Alzheimer's patient in a personal care center who struck a caregiver ( White v. Muniz ). See University of Idaho, 118 Idaho 400, 797 P.2d at 111. * Mental illness is not a defense to an intentional tort, however it may, like other mental states (such as infancy), be viewed as one factor in the totality of circumstances upon which a jury relies to make its determination. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. You're all set! Because a child made the contact, the jury had to examine the objective evidence to determine if the child actors intended their actions to be offensive or harmful. Counterclaims: A counterclaim is a claim by a defendant against a plaintiff. The court of appeals reasoned that insanity may not be asserted as a defense to an intentional tort, and thus, concluded that the trial court erred in instructing the jury that Everly must have appreciated the offensiveness of her conduct. Id. Keeton, supra, 135. 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. ChapterScope Reasoning: Colorado law requires a dual intent, so the jury had to find Everly appreciated the THE FEDERAL COMMERCE POWER. Justice KOURLIS delivered the Opinion of the Court. Establishing A Claim For Intentional Tort To Person Or Property, Casebriefs is concerned with your security, please complete the following, Tort Law: Aims, Approaches, And Processes, Negligence: The Breach Or Negligence Element Of The Negligence Case, Negligence: The Scope Of Risk Or 'Proximate Cause' Requirement, Duties Of Medical And Other Professionals, The Development Of Common Law Strict Liability, Public Compensation Systems, Including Social Security, Communication Of Personally Harmful Impressions To Others, Communication Of Commercially Harmful Impressions To Others, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter. State courts and legal commentators generally agree that an intentional tort requires some proof that the tortfeasor intended harm or offense. Stay up-to-date with how the law affects your life. MIRANDAS FIFTH AMENDMENT RIGHTS An act which is not done with the intention previously stated does not make the actor liable to the other for a mere offensive contact with the other's person although the act involves an unreasonable risk of inflicting it, and therefore, would be negligent or reckless if the risk threatened bodily harm. Stay connected to Quimbee here: Subscribe to our YouTube Channel https://www.youtube.com/subscription_center?add_user=QuimbeeDotComQuimbee Case Brief App https://www.quimbee.com/case-briefs-overviewFacebook https://www.facebook.com/quimbeedotcom/Twitter https://twitter.com/quimbeedotcom#casebriefs #lawcases #casesummaries 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. 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 . However, as Muniz reached toward the diaper, Everly struck Muniz on the jaw and ordered her out of the room. Synopsis of Rule of Law. Accordingly, we reverse the decision of the court of appeals, and remand the case to that court for reinstatement of the jury verdict in favor of White and consideration of any remaining issues. White v. Muniz, No. 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. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) In November of 1994, Muniz filed suit alleging assault and battery3 against Everly, and negligence against Barbara and Timothy White.4 The case proceeded to a jury trial on March 17, 1997.5 While arguing outside the presence of the jury for specific jury instructions, the parties took differing positions on the mental state required to commit the alleged intentional torts. Furthermore, because the mentally disabled are held to the reasonable person standard in negligence actions, victims may find relief more easily under a negligence cause of action.9 See Johnson v. Lambotte, 147 Colo. 203, 206, 363 P.2d 165, 166 (1961). Again, the emphasis is on the devices available under the Federal Rules. (2)An act which is not done with the intention stated in Subsection (1, a) does not make the actor liable to the other for a mere offensive contact with the other's person although the act involves an unreasonable risk of inflicting it and, therefore, would be negligent or reckless if the risk threatened bodily harm. Because Colorado law requires a dual intent, we apply here the Restatement's definition of the term. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Sign up for our free summaries and get the latest delivered directly to you. See id. . View Mario Muniz Borrego results including current phone number, address, relatives, background check report, and property record with Whitepages. Pares: In October 1993, Barbara White placed her 83-year-old grandmother, Helen Everly, in an assisted living facility, the Patrice Hover Personal Care Center. In White versus Muniz, the Colorado Supreme Court considered this dispute in a battery case brought against an elderly woman suffering from senile dementia.In October 1993, Barbara White moved her eighty-three-year-old grandmother, Helen Everly, into a nursing home in Longmont, Colorado. Everly did not possess the necessary intent to commit an assault or battery. Because we received this issue in the context of an assault and battery, we answer this question in regard to those intentional torts only. 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. Here are the key concepts in this Chapter: In his report, the guardian ad litem concluded that Everly suffered from senile dementia, Alzheimer type, in accordance with the medical reports. (1999). Ins. Summary of this case from White v. Muniz. With regard to the intent element of the intentional torts of assault and battery, we hold that regardless of the characteristics of the alleged tortfeasor, a plaintiff must prove that the actor desired to cause offensive or harmful consequences by his act. Zak sought to represent himself at trial and the trial judge made a proper Faretta inquiry and obtained a proper waiver from Zak of his right to counsel. 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. Jury reasoned that Shortly after having taken residence at Beatrice Hover Personal Care Center, an adult assisted living facility, eighty-three year-old Helen Everly (Defendant) struck Sherry Lynn Muniz (Plaintiff), a professional caregiver at the center. 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. The trial court settled on a slightly modified version of White's instruction. She married on December 9, 1994 and the caption changed accordingly. See id. It hardly seems that this should be a problem: Dont we all owe a duty to everyone not to injure them by our own negligence? Brief Fact Summary. White v. Muniz, 999 P.2d 814 (Colo. Apr. 1,467 Likes, 3 Comments - Angel Muiz (@areasvellas) on Instagram: "The Dr. Franz Alexander House, at 1011 W. Cielo Dr. in Palm Springs, California.1956 Walter S. ." 999 P.2d 814 (Colo. 2000) Facts: White is the rep of Everly, her grandmother. Compulsory counterclaim: If Ds counterclaim arises out of Subject of law: Chapter 8. It provides that no state shall make or enforce any law which shall deny to any person within its jurisdiction equal protection of the laws. Here are the key concepts concerning equal protection: This Chapter examines principally the Due Process Clause of the Fourteenth Amendment, which imposes the obligation of due process on the states. See W. Page Keeton et al., Prosser and Keeton on the Law of Torts 8 (5th ed.1984); Dan B. Dobbs, The Law of Torts 30 (2000). The Separation of Powers. Shortly after having taken residence at Beatrice Hover Personal Care Center, an adult assisted living facility, eighty-three year-old Helen Everly (Defendant) struck Sherry Lynn Muniz (Plaintiff), a professional caregiver at the center. 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. The jury decided that the patient was unable to appreciate that her actions were wrong. He argued that the instruction improperly broadened the holding in Horton v. Reaves, 186 Colo. 149, 526 P.2d 304 (1974), where the supreme court held that an infant must appreciate the offensiveness or wrongfulness of her conduct to be liable for an intentional tort. "[W]here one of two innocent persons must suffer a loss, it should be borne by the one who occasioned it." Ins. Contrary to Muniz's arguments, policy reasons do not compel a different result. The actual instruction used by the court in this case is not consistent with our holding today; however, the error worked in favor of the plaintiff. She became agitated easily, and occasionally acted aggressively toward others. They determined (Colorado) that duel intent would be necessary. Within a few days of admission, Everly started exhibiting erratic behaviors and would occasionally act aggressively toward others in the nursing home. The same principles would apply in the assault context. Contrary to Muniz's arguments, policy reasons do not compel a different result. On its face, the Commerce Clause, Article I, 8, cl. 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. Several jurisdictions have approved of this so-called fireman's rule approach. THE DUTY ELEMENT. 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. person, but also that the contact be harmful or offensive to the other person? The language in a jury instruction cannot be a ground for reversal unless it prejudices a party's substantial rights. P is saying that intent to contact is enough. The intent must include some awareness of the natural consequences of intentional acts, and the person must appreciate the consequences of intentional acts, and the person must appreciate the offensiveness or wrongfulness of her acts. Thank you and the best of luck to you on your LSAT exam. 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. See Mujica v. Turner, 582 So. offensiveness of her conduct in order to be liable for intentional tort of battery. Subject of law: Implied Fundamental Rights. The plaintiff need not prove, however, that the actor intended the harm that actually results. Facts: Kelly sued for damages. 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 13 A jury can, of course, find a mentally deficient person liable for an intentional tort, but in order to do so, the jury must find that the actor intended offensive or harmful consequences. 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. 3, is merely an affirmative grant of legislative power to Congress, authorizing it [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. In Chapter 5, we examine the extent to which Congress may legislate under this clause. [1] We disagree with the court of appeals. See Keeton, supra, 8. 1996); Restatement, supra, 13. In one sense, the entire body of the Constitution is designed to protect individual rights. Miranda v. Arizona (1966) A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email Our decision today does not create a special rule for the elderly, but applies Colorado's intent requirement in the context of a woman suffering the effects of Alzheimer's. More recently, some courts around the nation have abandoned this dual intent requirement in an intentional tort setting, that being an intent to contact and an intent that the contact be harmful or offensive, and have required only that the tortfeasor intend a contact with another that results in a harmful or offensive touching. A police officer found two individuals in a car parked on the side of a highway. See id. at 26. https://www.quimbee.com/case-briefs-overviewHave Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/white-v-munizDid we just become best friends? 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