Restatement (Second) of Torts 18 (1965)(emphasis added); see also Hall v. McBryde, 919 P.2d 910, 913-14 (Colo.App. address. The email address cannot be subscribed. Use this button to switch between dark and light mode. Because the trial court refused to allow Muniz to bring a negligence claim for procedural reasons, we do not address the negligence issues present here. Legal debate exists since an individual may intend to cause the contact but not intend . 17, 2000). 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. : an American History, ATI System Disorder Template Heart Failure, Death Penalty Research Paper - Can Capital Punishment Ever Be Justified, Skomer Casey, Civ Pro Flowcharts - Civil Procedure Flow Charts, Request for Approval to Conduct Research rev2017 Final c626 t2, Lesson 9 Seismic Waves; Locating Earthquakes, ECO 201 - Chapter 5 Elasticity and Its Applications, TB-Chapter 16 Ears - These are test bank questions that I paid for. See id. Facts: Ct.App.1991); Gould v. American Family Mut. White was granddaughter of Everly who placed her into the facility. As a result, insanity is not a defense to an intentional tort according to the ordinary use of that term, but is a characteristic, like infancy, that may make it more difficult to prove the intent element of battery. Learn more about FindLaws newsletters, including our terms of use and privacy policy. See Keeton, supra, 135. The language in a jury instruction cannot be a ground for reversal unless it prejudices a party's substantial rights. See Hall v. Walter, 969 P.2d 224, 238 (Colo.1998) (stating that the court presumes the jury followed instructions in reaching its verdict). offensiveness of her conduct in order to be liable for intentional tort of battery. She diagnosed Everly with "[p]rimary degenerative dementia of the Alzheimer type, senile onset, with depression.". DUE PROCESS OF LAW 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. 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! See id. 118 Idaho 400, 797 P.2d at 109. White v. Muniz - dual intent for elements of battery in the context of a woman suffering from alzheimer's - Contact- bodily contact is sufficient - Physical harm- not always necessary. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-overviewWhite v. Muniz | 999 P.2d 814 (2000)A battery is committed when a defendant intends to cause a plaintiff a harmful or offensive bodily contact and such contact results. The jury found for Everly and White. Everly was resident with dementia. As we hold today, the actor's intent to harm or offend is an element of the claim. [4] Muniz originally filed suit in her name at the time, Sherry Lynn Hutcheson. 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). In most instances when the defendant is a mentally alert adult, this commingling of definitions prejudices neither the plaintiff nor the defendant. However, she must have appreciated the offensiveness of her conduct. This definition of intent was separately given and intent was specified as an element of assault and battery. 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. At trial, the jury was instructed that it could find that Everly intentionally caused Munizs injuries if it concluded that Everly both intended to strike Muniz and appreciated the offensiveness of her conduct. 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 caregiver informed Muniz that Everly was not cooperating in that effort. 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 ). Petitioners Shelley, blacks, received property from Fitzgerald a warranty deed to the property in question but the respondents, the owners of the property, sought to take the possession back pursuant to the terms of the restrictive covenant, which petitioners were not aware of its existence. Muniz v. White, 979 P.2d 23, 25 (Colo.App.1998). : an American History (Eric Foner), The Methodology of the Social Sciences (Max Weber), Forecasting, Time Series, and Regression (Richard T. O'Connell; Anne B. Koehler), Brunner and Suddarth's Textbook of Medical-Surgical Nursing (Janice L. Hinkle; Kerry H. Cheever), Campbell Biology (Jane B. Reece; Lisa A. Urry; Michael L. Cain; Steven A. Wasserman; Peter V. Minorsky), Muniz was shift supervisor at assisted living facility, Does an intentional tort require proof a tortfeasor not only intended to contact another. For simplicity, we address the issues in this case in terms of the battery claim only. 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." It necessarily had to consider her mental capabilities in making such a finding, including her age, infirmity, education, skill, or any other characteristic as to which the jury had evidence. However, she must have appreciated the offensiveness of her conduct. Citation478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. Since the jury found for the defendant even in the face of the error, the error has no bearing on our decision. They moved to Virginia, where they wereconvictedof violating Virginias criminal ban on miscegenation. Plaintiff subsequently brought suit against Barbara White, Everlys granddaughter, and Everly (Defendants). Did the trial court err in improperly instructing the jury on intent? 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 . 4. In Breunig, the court stated that " Johnson is not a case of sudden mental seizure with no forewarning Audio opinion coming soon. We conclude that an examination of this approach falls beyond the scope of the issue on certiorari. Barbara WHITE, as Personal Representative of the Estate of Helen Everly, Deceased, Petitioner, Muniz also alleged that Everly then attempted to hit her again but that she was able to restrain her. Facts: Ds in four cases were subjected to custodial interrogation and confessed; their confessions were admitted at their trials. OWNERS AND OCCUPIERS OF LAND. Muniz alleged that, while caring for Everly one evening and attempting to change her soaked diapers, Everly struck her in the jaw, spat and swore at her, and told her to get out of her room. 9. Brief Fact Summary. 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. Indeed, initially Everly refused to allow Muniz to change her diaper, but eventually Muniz thought that Everly relented. The last paragraph of Instruction 13 cures the error to some extent because the court instructed the jury that the defendant "must have appreciated the offensiveness of her conduct.". 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. 1. Muniz originally filed suit in her name at the time, Sherry Lynn Hutcheson. Our decision may appear to erode that principle. This Chapter examines Congress power to regulate commerce among the several states. This is the commerce power. The most important concepts in this Chapter are: Facts: An actor is subject to liability to another for battery if he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or if an imminent apprehension of such a contact, and an offensive or harmful contact with the person of the other directly or indirectly results. See id. The trial judge instructed the jury that dementia does not preclude intent . The most important is that we omit string citations in original materials that are unnecessary The same principles would apply in the assault context. The court reversed the judgment and remanded, having found that the jury determined that alleged tortfeasor did not intend to cause offensive or harmful consequences by her act. "[W]here one of two innocent persons must suffer a loss, it should be borne by the one who occasioned it." White v. Muniz JUSTICE KOURLIS delivered the Opinion of the Court. Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/white-v-munizThe Quimbee App features over 16,300 case briefs keyed to 223 casebooks. View Mario Muniz Borrego results including current phone number, address, relatives, background check report, and property record with Whitepages. Due Process Clause generally: The Fourteenth Amendment provides (in Subject of law: Chapter 9. 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With respect to battery, an actor is generally subject to liability when he or she acts intending to cause harmful or offensive contact to another, or place the other in apprehension of such contact. 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. White v. Muniz, 999 P.2d 814 (Colo. Apr. Subject of law: Constitutional Law Keyed to Sullivan. Reasonable means: The means chosen by Congress is reasonably related to Congress obj Subject of law: Chapter 4. Jury reasoned that The court of appeals reversed and remanded the case, concluding that mentally deficient people could be liable for their intentional torts, regardless of their ability to understand the offensiveness of their actions. 2d 256, 58 U.S.L.W. Offensive - Reasonable sense of personal dignity - No consent. Facts: Marbury was a justices-of-the-peace whom President Adams, on his last day in office, appointed for the District of Columbia. Courts occasionally have intertwined these two distinct understandings of the requisite intent. Summary of this case from White v. Muniz. Muniz's counsel objected to the last sentence of the instruction, claiming that it misstated the law. 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. (a) he acts intending to cause harmful or offensive contact to another or an imminent Cohen v. Smith 36. 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. The caregiver informed Muniz that Everly was not cooperating in that effort. On one occasion, she struck plaintiff care-giver in the jaw. Juries may find it difficult to determine the mental state of an actor, but they may rely on circumstantial evidence in reaching their conclusion. She contends that the caregiver assumes some risk of injury when he accepts employment serving such patients who have no capacity to control their conduct. However, she must have appreciated the offensiveness of her conduct. 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. Because we received this issue in the context of an assault and battery, we answer this question in regard to those intentional torts only. Held. Use this button to switch between dark and light mode. 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. Brief Fact Summary. 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. (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. As a result, we reject the arguments of Muniz and find that the trial court delivered an adequate instruction to the jury.[8]. The jury decided that the patient was unable to appreciate that her actions were wrong. Thus, if a slight *817 punch to the victim resulted in traumatic injuries, the actor would be liable for all the damages resulting from the battery even if he only intended to knock the wind out of the victim. CitationUnited States v. Hubbell, 530 U.S. 27, 120 S. Ct. 2037, 147 L. Ed. See Restatement, supra, 16(1). Courts occasionally have intertwined these two distinct understandings of the requisite intent. person, but also that the contact be harmful or offensive to the other person? Kelly answered all of Nationwides interrogatories, but Nationwide moved to require more complete answers. 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. They determined (Colorado) that duel intent would be necessary. White v. Muniz, 999 P.2d 814 (Colo. Apr. See Keeton, supra, 8; Dobbs, supra, 29. 2603, 105 L.Ed.2d 443 (1989) Email Address: [4] The case proceeded to a jury trial on March 17, 1997. Annual Subscription ($175 / Year). Muniz's counsel objected to the last sentence of the instruction, claiming that it misstated the law. Does an intentional tort require 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? Products liability refers to the liability of a seller of a chattel which, because of a defect, causes injury (usually personal) to its purchaser, user, or sometimes, a bystander. Facts: Kelly sued for damages. Because White v. Muniz, supra, did not arise under the Act, we do not read the definition of battery approved in that case to apply in the context of evaluating whether an employee's tort claim is barred by the exclusivity provisions of the Act. As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. Importance: Products liability is the fastest-growing, and probably now the most economically significant, branch of tort law. Sign up for our free summaries and get the latest delivered directly to you. THE FEDERAL COMMERCE POWER. Synopsis of Rule of Law. Our conclusion comported with the Restatement's definition of intent; it did not state a new special rule for children, but applied the general rule to the context of an intentional tort of battery committed by a child. Thank you and the best of luck to you on your LSAT exam. All rights reserved. See Horton, 186 Colo. at 155-56, 526 P.2d at 307-08. The publication of B.J.F.s full name was in violation of The Florida Stars own policy not to publish the names of sexual offense victims. Plaintiff subsequently brought suit against Barbara White, Everlys granddaughter, and Everly (Defendants). 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. She married on December 9, 1994 and the caption changed accordingly. 17, 2000) The Dormant Commerce Clause Marbury argued that (a) he and the other appointees were entitled to the commissions and (b) Madisons failure to deliver the commissions entitled the appointees to a writ of m Subject of law: The Supreme Court's Authority. The court of appeals reversed the decision of the trial court and remanded the case for a new trial. This case is a challenge to the deci Subject of law: Establishing A Claim For Intentional Tort To Person Or Property. On its face, the Commerce Clause, Article I, 8, cl. Muniz sued Everly and White as her representative for assault and battery. 13 The actor thus could be held liable for battery because a reasonable person would find an injury offensive or harmful, irrespective of the intent of the actor to harm or offend. Contrary to Muniz's arguments, policy reasons do not compel a different result. Because Colorado law requires a dual intent, we apply here the Restatement's definition of the term. [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. Again, the emphasis is on the devices available under the Federal Rules. Daily Op. See Restatement, supra, 18 cmt. The actor thus could be held liable for battery because a reasonable person would find an injury offensive or harmful, irrespective of the intent of the actor to harm or offend. You're all set! The error relates to Instruction 11 and to the first paragraph of Instruction 13, in which there is a suggestion that the conduct need only result in harmful or offensive contact, even without the actor's intent to harm or offend. Contact us. Subject of law: Constitutional Rights During Police Interrogation. She married on December 9, 1994 and the caption changed accordingly. 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. POSSESSION, PERSONAL PROPERTY, AND ADVERSE POSSESSION. 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). Everly did not possess the necessary intent to commit an assault or battery. Test for commerce power: A particular congressional act comes within Congress commerce power if both of the following are true: Casebriefs is concerned with your security, please complete the following, Supported Credit Cards: American Express, Discover, MasterCard, Visa, 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, I Agree to the End-User License Agreement, Establishing A Claim For Intentional Tort To Person Or Property, The Lawyer-Client Privilege and the Privilege Against Self-Incrimination, PART I. White v. Muniz, supra, 999 P.2d at 816 n. 6 (emphasis added). The actor need not have intended, however, the harm that actually resulted from his action. BESKIND & COLEMAN, TORTS: DOCTRINE AND PROCESS vii CONVENTIONS We use certain conventions throughout the book that are important to note at the outset. 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. Indeed, initially Everly refused to allow Muniz to change her diaper, but eventually Muniz thought that Everly relented. The court held that the jury had determined that there was no such intent. The Supreme Court reversed judgment and reinstated the jury verdict. 8. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from In this case, we have the opportunity to examine intent in the context of an injury inflicted by a mentally deficient, Alzheimer's patient. Question Presented: Does an intentional act of contact with another . Originally, Responden Subject of law: The Lawyer-Client Privilege and the Privilege Against Self-Incrimination. In selecting the instruction on intent, the trial court determined that Everly's condition rendered her mental state comparable to that of a child. (1999). 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. 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. In most instances when the defendant is a mentally alert adult, this commingling of definitions prejudices neither the plaintiff nor the defendant. 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 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. It is hornbook law that the plaintiff in a negligence case must prove four elements in order to recover: duty, breach, causation, and damages. Muniz. 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. See Brzoska, 668 A.2d at 1360 (approving the Restatement view of the intent element of a battery, but summarizing the rule as the intentional, unpermitted contact upon the person of another which is harmful or offensive) (emphasis added); Keeton, supra, 8 (noting that applying the element of intent frequently confuses authorities). See Mujica v. Turner, 582 So. View Agueda Muniz results including current phone number, address, relatives, background check report, and property record with Whitepages. ChapterScope Classifications: The Clause imposes a general restraint on the governmental use of classifications, not just classifications based on race but also those based on sex, alienage, illegitimacy, wealth, or any other characteristic. The appellate court recognized the logic in the trial court's ruling. 98SC760. 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. An actor is subject to liability to another for battery if: Colorado law requires a dual intent, so the jury had to find Everly appreciated the, Vincent v Lake Erie Transportation Co Case Brief, Mohr v. 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Introduction to Individual Rights, The Elusive Element of Duty: Two Principles in Search of an Exception, Constitutional Rights During Police Interrogation. EQUAL PROTECTION Thepetitioneris an African American woman and married a white man in the District of Columbia. Confessions were admitted at their trials objected to the other person instruction can not be a ground for unless. Instructing the jury had determined that there was no such intent but also that the patient unable! Of Columbia was a justices-of-the-peace whom President Adams, on his last day in office appointed. Devices available under the Federal Rules 816 n. 6 ( emphasis added ) the! Check report, and property record with Whitepages care-giver in the assault context important is that we omit string in., 29, Responden Subject of law: Constitutional law Keyed to.! Jury verdict 1994 and the Privilege against Self-Incrimination to Muniz 's arguments, policy reasons do not compel a result... 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