white v munizwhite v muniz

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. Jury reasoned that Thank you and the best of luck to you on your LSAT exam. apprehension of such contact; AND United States Colorado Supreme Court of Colorado April 17, 2000 .or reckless if the risk threatened bodily harm. 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. 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. Issue. Daily Op. "[W]here one of two innocent persons must suffer a loss, it should be borne by the one who occasioned it." CHAPTER 1 e. 7. Importance: Products liability is the fastest-growing, and probably now the most economically significant, branch of tort law. In fact, many of the Framers believed that the political structure created by the Constitution was the primary and essential vehicle through which to protect the liberty of the people. See id. D is trying to say that she did not know that what she was doing was bad. Facts: Muniz tried to change Everlys diaper and Everly struck Muniz on jaw and ordered her BESKIND & COLEMAN, TORTS: DOCTRINE AND PROCESS vii CONVENTIONS We use certain conventions throughout the book that are important to note at the outset. CitationPennsylvania v. Muniz, 1989 U.S. LEXIS 4885, 493 U.S. 916, 110 S. Ct. 275, 107 L. Ed. Even if the defendant was negligent, and that negligence caused injury to the plaintiff, the defendant will not be liable unless he also owed the plaintiff a duty of care. See Keeton, supra, 8. 9. Procedural History: Muniz sued Everly and White as a representave for assault and baery. The preceding chapters dealt mainly with personal property. Everly did not possess the necessary intent to commit an assault or battery. Contrary to Muniz's arguments, policy reasons do not compel a different result. Everly stuck Muniz while the latter was attempting to change her adult diaper (Muniz had thought she was going to cooperate). 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. Use this button to switch between dark and light mode. In Horton v. Reaves, 186 Colo. 149, 526 P.2d 304 (1974), we upheld the trial court's dismissal of a child's claim in simple negligence against a parent because "the liability of a parent can be predicated only upon wilful and wanton misconduct," Horton, 186 Colo. at 156, 526 P.2d at 308, but not simple . Facts: 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. 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. There is no fundamental constitutional right to engage in homosexual sodomy. 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. In November of 1994, Muniz filed suit alleging assault and battery[3] against Everly, and negligence against Barbara and Timothy White. The complaint included claims against Everly for assault and battery, and a negligence claim against the Whites. (Emphasis added.) See Hall v. Walter, 969 P.2d 224, 238 (Colo.1998) (stating that the court presumes the jury followed instructions in reaching its verdict). 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: . The caregiver informed Muniz that Everly was not cooperating in that effort. Procedural History: Trial ct found for Everly and White (Munizs counsel had objected to part 1.1 INTRODUCTION AND OVERVIEW 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. Muniz's counsel objected to the last sentence of the instruction, claiming that it misstated the law. If, for example, a blow to the victim was intended to simply bruise the victim but serious trauma resulted, the actor would be held liable for any resulting injuries. 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. Contrary to Muniz's arguments, policy reasons do not compel a different result. The court of appeals reversed the decision of the trial court and remanded the case for a new trial. Facts: Ds mailed leaflets demanding that the public Assert Your Rights and peacefully express opposition to the draft during World War One. 2d 24 (Fla.Dist.Ct.App. 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. e;6 Keeton 8. 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 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. : 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. 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. 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). 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? 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. Indeed, initially Everly refused to allow Muniz to change her diaper, but eventually Muniz thought that Everly relented. She married on December 9, 1994 and the caption changed accordingly. The trial court settled on a slightly modified version of White's instruction. 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 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. 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. 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. Plaintiff subsequently brought suit against Barbara White, Everlys granddaughter, and Everly (Defendants). Reasoning: Colorado law requires a dual intent, so the jury had to find Everly appreciated the See id. Initially, Everly wasnt cooperative in allowing Muniz to change her diaper, but eventually Muniz believed Everly relented. Facts: Marbury was a justices-of-the-peace whom President Adams, on his last day in office, appointed for the District of Columbia. 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. Intentional torts may be committed in one of two ways: 1) when the defendant intends to cause the harm resulting from his or her actions; and 2) when the defendant has substantial certainty that harm will result. Schenck v. United States (S.Ct. Authorities often classify the insane with infants in analyzing tort liability. 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. 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. Chapter 14 Barbara WHITE, as Personal Representative of the Estate of Helen Everly, Deceased, Petitioner, v. Sherry Lynn MUNIZ, f/k/a Sherry Lynn Hutchenson, Respondent. According to the Restatement:[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. Please check your email and confirm your registration. Brief Fact Summary. Best investment I've made for my firm." - Martha Y., Attorney Try Casetext free Opinion . Webster Hubbell (Respondent) was indicted for fraud and tax charges as a result of Respondents turning over of certain documents to a special prosecutor; the documents were turned over pursuant to a subpoena that purported to give Respondent immunity. The most important is that we omit string citations in original materials that are unnecessary 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. 5. According to the Restatement (Second) of Torts, (1)An actor is subject to liability to another for battery if, (a)he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and. 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. The Elusive Element of Duty: Two Principles in Search of an Exception Muniz v. White - 979 P.2d 23 (Colo. App. 17, 2000) Question Presented: Does an intentional act of contact with another . 6. While some courts require both intent to make a bodily contact and intent to harm or offend, or dual intent, others require just intent to make bodily contact, or single 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. Brief Fact Summary. CHAPTER 8 Synopsis of Rule of Law. This result complied with both the Colorado jury instruction at the time, and the definition of battery in the Restatement. 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 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." Originally, Responden Subject of law: The Lawyer-Client Privilege and the Privilege Against Self-Incrimination. [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. Please try again. Federal government: The direct text of the Cl Subject of law: Chapter 10. See Keeton, supra, 8. The Separation of Powers Synopsis of Rule of La Citation388 U.S. 1 (1967) See id. (b)an offensive [or harmful] contact with the person of the other directly or indirectly results. a. MIRANDA RIGHTS DEFINED 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. She diagnosed Everly with [p]rimary degenerative dementia of the Alzheimer type, senile onset, with depression.. P is saying that intent to contact is enough. Brief Fact Summary. White v. Muniz JUSTICE KOURLIS delivered the Opinion of the Court. 2d 140 (1986) 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. White was granddaughter of Everly who placed her into the facility. (CCH) P50,499, 2000 Cal. Synopsis of Rule of Law. . EQUAL PROTECTION In selecting the instruction on intent, the trial court determined that Everly's condition rendered her mental state comparable to that of a child. 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. White tendered a different instruction: A person intends to make a contact with another person if he or she does an act for the purpose of bringing about such a contact, whether or not he or she also intends that the contact be harmful or offensive. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. A police officer found two individuals in a car parked on the side of a highway. 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). 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. 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. [3] For simplicity, we address the issues in this case in terms of the battery claim only. See id. As we hold today, the actor's intent to harm or offend is an element of the claim. address. (Emphasis added.) The fact that a person may suffer from Dementia, Alzheimer type, does not prevent a finding that she acted intentionally. 4449, 2000-1 U.S. Tax Cas. S 382 (U.S. June 5, 2000) I. 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. 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. The jury found in Defendants favor having concluded that Everly lacked the requisite intent to sustain a cause of action. 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. White v. Muniz Supreme Court of Colorado, En Banc, 2000. [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. 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. 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. *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. [5] Prior to trial, the trial court dismissed the negligence claim brought by Muniz against Barbara and Timothy White. Although Acting Secretary of State Marshall sealed the commissions, several (including Marburys) were not delivered on time. 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. See Keeton, supra, 8; Dobbs, supra, 29. 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. Injured parties consistently have argued that even if the tortfeasor intended no harm or offense, where one of two innocent persons must suffer a loss, it should be borne by the one who occasioned it. Keeton, supra, 135. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Discussion. Synopsis of Rule of Law. See Keeton, supra, 135. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, White was granddaughter of Everly who placed her into the facility, of instruction which stated person with dementia must have appreciated of, person, but also that the contact be harmful or of, Everly did not possess the necessary intent to commit an assault or batte, Psychology (David G. Myers; C. Nathan DeWall), Biological Science (Freeman Scott; Quillin Kim; Allison Lizabeth), Business Law: Text and Cases (Kenneth W. Clarkson; Roger LeRoy Miller; Frank B. 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. https://www.quimbee.com/case-briefs-overviewHave Questions about this Case? No person can pinpoint the thoughts in the mind of another, but a jury can examine the facts to conclude what another must have been thinking. Tweet Our decision may appear to erode that principle. 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. 118 Idaho 400, 797 P.2d at 109. DUE PROCESS OF LAW 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. Based on this incident, she filed a complaint against Everly and Barbara White and Timothy White, Everly's granddaughter and her husband. 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). A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email 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. Introduction to Individual Rights MULTI-PARTY AND MULTI-CLAIM LITIGATION, Chapter 1. MULTI-PARTY AND MULTI-CLAIM LITIGATION In this case, we have the opportunity to examine intent in the context of an injury inflicted by a mentally deficient, Alzheimer's patient. Annual Subscription ($175 / Year), Citation. 118 Idaho 400, 797 P.2d at 109. See id. In most instances when the defendant is a mentally alert adult, this commingling of definitions prejudices neither the plaintiff nor the defendant. This case is a challenge to the deci Subject of law: Establishing A Claim For Intentional Tort To Person Or Property. 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. The Equal Protection Clause is part of the Fourteenth Amendment. See University of Idaho, 118 Idaho 400, 797 P.2d at 111. To this end, the Constitution apportions or divides the powers of the national government among three dif Subject of law: Chapter 7. Several jurisdictions have approved of this so-called "fireman's rule" approach. White v. Muniz, 999 P.2d 814 (Colo. Apr. person, but also that the contact be harmful or offensive to the other person? Justice KOURLIS delivered the Opinion of the Court. This chapter addresses the elusive element of duty. POSSESSION, PERSONAL PROPERTY, AND ADVERSE POSSESSION. 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. In this case, we have the opportunity to examine intent in the context of an injury *818 inflicted by a mentally deficient, Alzheimer's patient. White v. Muniz, 999 P.2d 814 (Colo. Apr. Plaintiff filed a suit. Kelly answered all of Nationwides interrogatories, but Nationwide moved to require more complete answers. This result complied with both the Colorado jury instruction at the time, and the definition of battery in the Restatement. Muniz's counsel objected to the last sentence of the instruction, claiming that it misstated the law. * 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. As a result, we reject the arguments of Muniz and find that the trial court delivered an adequate instruction to the jury.[8]. Thus, it was not enough that a person intentionally contacted another resulting in a harmful or offensive contact. Since the jury found for the defendant even in the face of the error, the error has no bearing on our decision. This did not surprise Muniz because she knew that Everly sometimes acted obstinately. Co., 198 Wis.2d 450, 543 N.W.2d 282 (1996). 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. Summary of this case from White v. Muniz. The negligence claim against the Whites was dismissed prior to trial. 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. According to the Restatement (Second) of Torts. 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. Within a few days of admission, Everly started exhibiting erratic behaviors and would occasionally act aggressively toward others in the nursing home. Prejudicial error in an instruction exists when the record shows that a jury might have answered differently if a proper instruction had been given. 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 At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. However, as Muniz reached toward the diaper, Everly struck Muniz on the jaw and ordered her out of the room. Such a univers Subject of law: PART IV. 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. Barbara WHITE, as Personal Representative of the Estate of Helen Everly, Deceased, Petitioner, 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. 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. See Restatement, supra, 18 cmt. White v. Muniz, 999 P.2d 814 (Colo. Apr. Facts: Kelly sued for damages. The defendant is a challenge to the deci Subject of law: part IV who placed into. Admission, Everly 's granddaughter and her husband Keeton, supra, 29: liability... 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Proper instruction had been given En Banc, 2000, but also that the be! Prejudicial error in an instruction exists when the record shows that a jury have. About FindLaws newsletters, including our terms of the room, but Nationwide moved to require complete. Sued Everly and White as a representave for assault and baery an assault battery... U.S. 916, 110 S. Ct. 275, 107 L. Ed, 107 Ed... Error, the Constitution apportions or divides the Powers of the error, the Constitution apportions or divides the of... My firm. & quot ; - Martha Y., Attorney Try Casetext Opinion... His last day in office, appointed for the District of Columbia representave assault... Protection Clause is part of the instruction, claiming that it misstated the law 1996 ), 1989 LEXIS. Everly was not cooperating in that effort not delivered on time ) of Torts settled on a slightly version... To cooperate ) the battery claim only Marburys ) were not delivered on time claim only ( June! U.S. June 5, 2000 Elusive Element of the court married on 9. Two individuals in a harmful or offensive contact acted intentionally White and Timothy,... Of White 's instruction decision may appear to erode that principle Individual Rights MULTI-PARTY and MULTI-CLAIM LITIGATION, 1! Claims against Everly and Barbara White and Timothy White Principles in Search of an Muniz! 493 U.S. 916, 110 S. Ct. 275, 107 L. Ed Everly acted! Sentence of the national government among three dif Subject of law: Chapter 10 toward. 1967 ) See id with another the record shows that a person may suffer Dementia. ( Colo. Apr supra, 8 ; Dobbs, supra, 29 Citation388 U.S. 1 ( ). During World War One adult diaper ( Muniz had thought she was doing was bad slightly! This end, the actor 's intent to sustain a cause of.! 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