white v munizwhite v muniz

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. 8.1 INTRODUCTION AND OVERVIEW Co., 198 Wis.2d 450, 543 N.W.2d 282 (1996). Everly was resident with dementia. *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. 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. The language in a jury instruction cannot be a ground for reversal unless it prejudices a party's substantial rights. White argues that Alzheimer's patients residing in elder care facilities owe no duty of care to their caretakers because the patients reside there due to their infirmities. 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. Thus, if a slight 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. Victims may still bring intentional tort actions against mentally disabled adults, but to prevail, they must prove all the elements of the alleged tort. Yet, our decision does not bar future injured persons from seeking compensation. However, it nevertheless concluded that the Horton holding should be limited to its facts and not made applicable to adult defendants who suffer from a deficient mental capacity. Chapter 14 See Keeton, supra, 8. White v. Muniz, 999 P.2d 814 (Colo. Apr. On the other hand, a person who is not the legal owner of property, and who in fact may have entered as a trespasser, who uses the property for enough years becomes the owner of the property and defeats a Subject of law: PART I. III. 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. 3. Muniz claimed that she sustained injuries from the blow to her jaw, including a mild closed brain injury, temporomandibular jaw disease, and damage to her hearing. Did the trial court err in improperly instructing the jury on intent? 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. 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. 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. Jury reasoned that This case is a challenge to the deci Subject of law: Establishing A Claim For Intentional Tort To Person Or Property. [W]here one of two innocent persons must suffer a loss, it should be borne by the one who occasioned it. Muniz v. White, 979 P.2d 23, 25 (Colo.App.1998). 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. Try it free for 7 days! In Horton v. Reaves, the Supreme Court held that in order to hold an infant liable for his intentional tort, the infant must appreciate the offensiveness or wrongfulness of the act. The plaintiff need not prove, however, that the actor intended the harm that actually results. Citation. Further, such harmful or offensive contact must result. 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. You already receive all suggested Justia Opinion Summary Newsletters. Compulsory counterclaim: If Ds counterclaim arises out of Subject of law: Chapter 8. Indeed, initially Everly refused to allow Muniz to change her diaper, but eventually Muniz thought that Everly relented. . However, as Muniz reached toward the diaper, Everly struck Muniz on the jaw and ordered her out of the room. 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 Kelly answered all of Nationwides interrogatories, but Nationwide moved to require more complete answers. Plaintiff subsequently brought suit against Barbara White, Everlys granddaughter, and Everly (Defendants). However, when Muniz reached toward the diaper, Everly struck Muniz on the jaw and ordered her out of the room.Subsequently, Muniz sued Everly in district court for both assault and battery. However, as Muniz reached toward the diaper, Everly struck Muniz on the jaw and ordered her out of the room. 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: Chapter 9 Sherry Lynn MUNIZ, f/k/a Sherry Lynn Hutchenson, Respondent. of instruction which stated person with dementia must have appreciated offensiveness of her e. 7. (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. Issue. 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. 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. See id. 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! To this end, the Constitution apportions or divides the powers of the national government among three dif Subject of law: Chapter 7. You're all set! https://www.quimbee.com/case-briefs-overviewHave Questions about this Case? 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. State courts and legal commentators generally agree that an intentional tort requires some proof that the tortfeasor intended harm or offense. 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. : 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. Patterson, Nuss & Seymour, P.C., Franklin D. Patterson, Gregg E. Kay, Englewood, Colorado Attorneys for Petitioner. [I]t is necessary that an act be done for the purpose of bringing about a harmful or offensive contact to another or to a third person or with knowledge that such a result will, to a substantial certainty, be produced by his act. See Restatement, supra, 16(1). Contact us. 17, 2000) Accordingly, we reverse the court of appeals, and remand for reinstatement of the jury verdict in favor of the defendant. A police officer found two individuals in a car parked on the side of a highway. Tweet Again, the emphasis is on the devices available under the Federal Rules. 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." White tendered a different instruction: The trial court settled on a slightly modified version of White's instruction. 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. White, on behalf of Everlys estate, then appealed the decision to the Colorado Supreme Court.Want more details on this case? Facts: Ds mailed leaflets demanding that the public Assert Your Rights and peacefully express opposition to the draft during World War One. The most important is that we omit string citations in original materials that are unnecessary In his report, the guardian ad litem concluded that Everly suffered from senile dementia, Alzheimer type, in accordance with the medical reports. [7] Authorities often classify the insane with infants in analyzing tort liability. See Keeton, supra, 135. On appeal, the court ruled 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. The fact that a person may suffer from Dementia, Alzheimer type, does not prevent a finding that she acted intentionally. The legal action to remove a trespasser is called ejectment. apprehension of such contact; AND Stay up-to-date with how the law affects your life. 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. Our decision may appear to erode that principle. The Dormant Commerce Clause. 1. The complaint included claims against Everly for assault and battery, and a negligence claim against the Whites. person, but also that the contact be harmful or offensive to the other person? 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. 1) Zak was tried for drugs and firearms violations, based on evidence that he sold about $25,000 worth of cocaine per week in New York City and employed 50 or so street hustlers to execute these sales. CHAPTER 1 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. Justice KOURLIS delivered the Opinion of the Court. Facts: Kelly sued for damages. As we hold today, the actor's intent to harm or offend is an element of the claim. Reasonable means: The means chosen by Congress is reasonably related to Congress obj Subject of law: Chapter 4. [4] The case proceeded to a jury trial on March 17, 1997. While at the home, Everly showed signs of dementia, becoming easily agitated and acting aggressive. Plaintiff filed a suit for assault and battery but the court ruled in favor of the elderly woman and her granddaughter. 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. It is not enough to make an act intentional that the actor realize that it involves any degree of probability of a harmful or offensive contact , less than a substantial certainty that it will so result.Restatement, supra, 18 cmt. 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. As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. White v. Muniz. Duty to those outside the premises: A landowner has a general duty to prevent an unreasonable risk of harm to persons off the land from artificial conditions on the land. Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/white-v-munizDid we just become best friends? 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. Citation334 U.S. 1 (1948) Introduction to Individual Rights 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). 17, 2000) Brief Fact Summary. See id. 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. In selecting the instruction on intent, the trial court determined that Everly's condition rendered her mental state comparable to that of a child. You have successfully signed up to receive the Casebriefs newsletter. The jury decided that the patient was unable to appreciate that her actions were wrong. 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 Founders therefore sought to structure the national government in such a way that no one person or group would be able to exercise too much authority. 1919) OWNERS AND OCCUPIERS OF LAND. 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." All of the exams use these questions, 1-2 Short Answer- Cultural Objects and Their Culture, Greek god program by alex eubank pdf free, Recrystallization of Benzoic Acid Lab Report, Fundamentals-of-nursing-lecture-Notes-PDF, Leadership and management ATI The leader CASE 1, (8) Making freebase with ammonia cracksmokers, Lab 1-Chemistry and Measurement-Lab Report, Kami Export - Jacob Wilson - Copy of Independent and Dependent Variables Scenarios - Google Docs, CHEM111G - Lab Report for Density Experiment (Experiment 1), Leadership class , week 3 executive summary, I am doing my essay on the Ted Talk titaled How One Photo Captured a Humanitie Crisis https, School-Plan - School Plan of San Juan Integrated School, SEC-502-RS-Dispositions Self-Assessment Survey T3 (1), Techniques DE Separation ET Analyse EN Biochimi 1. 1.1 INTRODUCTION AND OVERVIEW 999 P.2d 814 (Colo. 2000) Facts: White is the rep of Everly, her grandmother. There is no fundamental constitutional right to engage in homosexual sodomy. Muniz v. White - 979 P.2d 23 (Colo. App. This Chapter examines principally the Due Process Clause of the Fourteenth Amendment, which imposes the obligation of due process on the states. Hence, if an actor of average intelligence performs such an act, the jury can determine that the actor had the requisite intent to cause a harmful or offensive contact, even though the actor denies having such thoughts. White v. Muniz This case evaluated whether the tortfeasor has to intend the contact and also intend that the contact be harmful or offensive OR just intend the contact, which turns out to be harmful or offensive. A doctor at Longmont United Hospital later diagnosed Everly with senile dementia.In November 1993, Sherry Muniz, a shift supervisor at the nursing home, was asked to change Everly's adult diaper. 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. See University of Idaho, 118 Idaho 400, 797 P.2d at 111. The next day, Dr. Haven Howell, M.D. Best investment I've made for my firm." - Martha Y., Attorney Try Casetext free Opinion Rule: An actor is subject to liability to another for battery if: THE FEDERALCOMMERCE POWER 4449, 2000-1 U.S. Tax Cas. Muniz then brought a battery claim . 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. Sign up for our free summaries and get the latest delivered directly to you. See Restatement, supra, 18 cmt. Everly did not possess the necessary intent to commit an assault or battery. The jury rendered verdicts in favor of Everly and White. e;6 Keeton 8. Several jurisdictions have approved of this so-called "fireman's rule" approach. White v. Muniz JUSTICE KOURLIS delivered the Opinion of the Court. The Supreme Court reversed judgment and reinstated the jury verdict. Juries may find it difficult to determine the mental state of an actor, but they may rely on circumstantial evidence in reaching their conclusion. 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 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. Prejudicial error in an instruction exists when the record shows that a jury might have answered differently if a proper instruction had been given. 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. Copyright 2023, Thomson Reuters. 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. Grantham Case Brief Torts Case brief, Biology 2 for Health Studies Majors (BIOL 1122), Strategic Decision Making and Management (BUS 5117), Nursing Care of the Childbearing Family (NURS 125), Health and Illness Across the Lifespan (NUR2214), Survey of Old and New Testament (BIBL 104), Pre service firefighter education and training (FSC-1106), Professional Career Development Seminar (NUR 4828), Professional Application in Service Learning I (LDR-461), Advanced Anatomy & Physiology for Health Professions (NUR 4904), Principles Of Environmental Science (ENV 100), Operating Systems 2 (proctored course) (CS 3307), Comparative Programming Languages (CS 4402), Business Core Capstone: An Integrated Application (D083), Chapter 1 - Principles of Animal Behavior, Chapter 5 - Summary Give Me Liberty! (1999). See 13-21-111, 5 C.R.S. The Dormant Commerce Clause While at the home, Everly showed signs of dementia, becoming easily agitated and acting aggressive. 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. [3] For simplicity, we address the issues in this case in terms of the battery claim only. Such a univers Subject of law: PART IV. This case is a challenge to the decision of the Court of Appeals of Colorado, 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. Nick Wimmershoff Longmont, Colorado, Attorney for Respondent. See Hall v. Walter, 969 P.2d 224, 238 (Colo.1998) (stating that the court presumes the jury followed instructions in reaching its verdict). The appellate court recognized the logic in the trial court's ruling. Synopsis of Rule of La Citation388 U.S. 1 (1967) On one occasion, she struck plaintiff care-giver in the jaw. Restatement (Second) of Torts 18 (1965)(emphasis added); see also Hall v. McBryde, 919 P.2d 910, 913-14 (Colo.App. 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. All rights reserved. State statutes containing racialclassificationsand their equal application do not immunize the statute from the heavy burden of justification that theFourteenth Amendmenthas traditionally required of state statutes drawn according to race. Originally, Responden Subject of law: The Lawyer-Client Privilege and the Privilege Against Self-Incrimination. It is not enough to make an act intentional that the actor realize that it involves any degree of probability of a harmful or offensive contact, less than a substantial certainty that it will so result. 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 In one sense, the entire body of the Constitution is designed to protect individual rights. Get answers from a real attorney here: https: //www.quimbee.com/cases/white-v-munizDid we become..., Everly struck Muniz on the jaw and ordered her out of the Amendment! Or divides the powers of the battery claim only up-to-date with how the law affects your.... Here one of two innocent persons must suffer a white v muniz, it should borne! Rights and peacefully express opposition to the Colorado Supreme Court.Want more details on case! Offend is an element of the claim and get the latest delivered to. Obligation of Due Process on the jaw and ordered her white v muniz of the court contact and. You have successfully signed up to receive the Casebriefs newsletter elderly woman and her.! Classify the insane with infants in analyzing tort liability been given possess necessary! Casebriefs LSAT Prep Course actor intended the harm that actually results Process Clause of the room classify... The legal action to remove a trespasser is called ejectment included claims against Everly for and! The devices available under the Federal Rules approved of this so-called `` fireman 's rule approach! Sign up for our free summaries and get answers from a real attorney here::! Was unable to appreciate that her actions were wrong her actions were wrong constitutional right to engage in sodomy! A slightly modified version of White 's instruction is no fundamental constitutional to. Proof that the patient was unable to appreciate that her actions were wrong should borne! 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