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. Restatement (Second) of Torts 18 (1965)(emphasis added); see also Hall v. McBryde, 919 P.2d 910, 913-14 (Colo.App. 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 caregiver informed Muniz that Everly was not cooperating in that effort. The jury rendered verdicts in favor of Everly and White. You may find that she acted intentionally if she intended to do what she did, even *816 though her reasons and motives were entirely irrational. Kelly answered all of Nationwides interrogatories, but Nationwide moved to require more complete answers. 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. 17, 2000) 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. Synopsis of Rule of Law. III. CHAPTER 8 Such a univers Subject of law: PART IV. 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. 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. See id. See Mujica v. Turner, 582 So. 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. White v. Muniz, 999 P.2d 814 (Colo. Apr. 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.. Based on this incident, she filed a complaint against Everly and Barbara White and Timothy White, Everly's granddaughter and her husband. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) Muniz also alleged that Everly then attempted to hit her again but that she was able to restrain her. 7.1 INTRODUCTION AND OVERVIEW MULTI-PARTY AND MULTI-CLAIM LITIGATION 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. White v. Muniz. apprehension of such contact; AND A landowner can have a person wrongfully on his land, such as a trespasser, removed from the property. 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. Marbury v. Madison (S.Ct. INTRODUCTION Email Address: (a) he acts intending to cause harmful or offensive contact to another or an imminent Yet, our decision does not bar future injured persons from seeking compensation. Annual Subscription ($175 / Year). 803) Please try again. Discussion. 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. However, as Muniz reached toward the diaper, Everly struck Muniz on the jaw and ordered her out of the room. Parties: Muniz was shift supervisor at assisted living facility. Everly stuck Muniz while the latter was attempting to change her adult diaper (Muniz had thought she was going to cooperate). Petitioner, Barbara White, as personal representative of the estate of Helen Everly, appeals the decision of the court of appeals in Muniz v. White, 979 P.2d 23, 25 (Colo.App.1998), which determined that a mentally incapacitated adult should be held liable for her intentional tort even if she was unable to appreciate the wrongfulness of her actions. 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. EQUAL PROTECTION This chapter summarizes the various common-law rules dealing with the obligations of owners of land, and the more modern rules that have sometimes replaced the common-law ones. Question Presented: Does an intentional act of contact with another . Synopsis of Rule of Law. 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. White v. Muniz, 999 P.2d 814 (Colo. Apr. See id. Although Acting Secretary of State Marshall sealed the commissions, several (including Marburys) were not delivered on time. Jefferson, President Adams successor, ordered Madison, the new Secretary of State, not to deliver the commissions. White v. Muniz, supra, 999 P.2d at 816 n. 6 (emphasis added). "[W]here one of two innocent persons must suffer a loss, it should be borne by the one who occasioned it." Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Co., 198 Wis.2d 450, 543 N.W.2d 282 (1996). In October 1993, Barbara White. 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. e. 7. 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. 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. Daily Op. Tweet Thank you and the best of luck to you on your LSAT exam. at 26. Appellate ct held instruction to be error and reversed. See University of Idaho, 118 Idaho 400, 797 P.2d at 111. Issue. See Keeton, supra, 8; Dobbs, supra, 29. 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. Patterson, Nuss & Seymour, P.C., Franklin D. Patterson, Gregg E. Kay, Englewood, Colorado Attorneys for Petitioner. In selecting the instruction on intent, the trial court determined that Everly's condition rendered her mental state comparable to that of a child. [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 Keeton, supra, 8. 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. 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. DUE PROCESS OF LAW. 118 Idaho 400, 797 P.2d at 109. 6. The legal action to remove a trespasser is called ejectment. A police officer found two individuals in a car parked on the side of a highway. There is no fundamental constitutional right to engage in homosexual sodomy. Try it free for 7 days! Facts: Ds in four cases were subjected to custodial interrogation and confessed; their confessions were admitted at their trials. (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. The jury found for Everly and White. Thank you and the best of luck to you on your LSAT exam. According to the Restatement (Second) of Torts. Chapter 9 Subject of law: The Privilege Against Self-Incrimination. You already receive all suggested Justia Opinion Summary Newsletters. In most instances when the defendant is a mentally alert adult, this commingling of definitions prejudices neither the plaintiff nor the defendant. However, as Muniz reached toward the diaper, Everly struck Muniz on the jaw and ordered her out of the room. As we hold today, the actor's intent to harm or offend is an element of the claim. 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." Chapter 4 36. In 1993, plaintiff Sherry Lynn Muniz was an employee and shift supervisor at an assisted living center in which Everly was a resident. Summary of this case from White v. Muniz. Issue: Does an intentional tort require proof a tortfeasor not only intended to contact another Indeed, initially Everly refused to allow Muniz to change her diaper, but eventually Muniz thought that Everly relented. 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. As you read, keep in mind that there is also a Fifth Amendment Due Process Clause, which applies only to the federal government; in general, anything that the Fourteenth Amendment Due Process Clause would require the states to do, the Fifth Amendment Due Process Clause requires the federal government to do. The Federal Rules provide for both permissive and compulsory counterclaims. Copyright 2023, Thomson Reuters. In this case, we have the opportunity to examine intent in the context of an injury inflicted by a mentally deficient, Alzheimer's patient. White v. Muniz, 999 P.2d 814 (Colo. Apr. The jury found in Defendants favor having concluded that Everly lacked the requisite intent to sustain a cause of action. 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. 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. Synopsis of Rule of Law. One of the first Commerce Clause issues to confront the Supreme Court, however, was whether this affirmative grant of power to Congress also carried with it the negative inference that the states a Subject of law: Chapter 8. Because Colorado law requires a dual intent, we apply here the Restatement's definition of the term. Chapter 10 [4] Muniz originally filed suit in her name at the time, Sherry Lynn Hutcheson. Use this button to switch between dark and light mode. Chapter 8 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. 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. The preceding chapters dealt mainly with personal property. OWNERS AND OCCUPIERSOF LAND White was granddaughter of Everly who placed her into the facility. 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. 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. Because Colorado law requires a dual intent, we apply here the Restatement's definition of the term. 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. ." Juries may find it difficult to determine the mental state of an actor, but they may rely on circumstantial evidence in reaching their conclusion. Brief Fact Summary. CHAPTER 7 White v. Muniz Supreme Court of Colorado, En Banc, 2000. 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. 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 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. Courts occasionally have intertwined these two distinct understandings of the requisite intent. The most important is that we omit string citations in original materials that are unnecessary 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. See 13-21-111, 5 C.R.S. The negligence claim against the Whites was dismissed prior to trial. This chapter addresses the elusive element of duty. After the case was at issue, a guardian ad litem was appointed for Everly pursuant toher counsel's request. 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. 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. The Florida Star published a one-paragraph article on B.J.F.s robbery and rape and included her full name. Since the jury found for the defendant even in the face of the error, the error has no bearing on our decision. conduct.) [8] 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. ChapterScope Because we received this issue in the context of an assault and battery, we answer this question in regard to those intentional torts only. 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. Schenck v. United States (S.Ct. 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. Petitioner, Barbara White, as personal representative of 1 Citing Cases From Casetext: Smarter Legal Research Muniz v. White Download PDF Check Treatment "Casetext is a game changer! We conclude that an examination of this approach falls beyond the scope of the issue on certiorari. View Mario Muniz Borrego results including current phone number, address, relatives, background check report, and property record with Whitepages. . This did not surprise Muniz because she knew that Everly sometimes acted obstinately. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) The Equal Protection Clause is part of the Fourteenth Amendment. Learn more about FindLaws newsletters, including our terms of use and privacy policy. at 26. Barbara WHITE, as Personal Representative of the Estate of Helen Everly, Deceased, Petitioner, v. Sherry Lynn MUNIZ, f/k/a Sherry Lynn Hutchenson, Respondent. The next day, Dr. Haven Howell, M.D. 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. Plaintiff filed a suit. 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. See Keeton, supra, 135. See id. 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. 3. On one occasion, she struck plaintiff care-giver in the jaw. However, she must have appreciated the offensiveness of her conduct. III. Facts: Ds mailed leaflets demanding that the public Assert Your Rights and peacefully express opposition to the draft during World War One. 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. Introduction to Individual Rights I. See Restatement, supra, 18 cmt. Co., 198 Wis.2d 450, 543 N.W.2d 282 (1996). 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. 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. The Dormant Commerce Clause. 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. Rules provide for both permissive and compulsory counterclaims diaper ( Muniz had thought she was to... Courts occasionally have intertwined these two distinct understandings of the Florida Stars own policy not to publish the names sexual... Struck plaintiff care-giver in the face of the error has no bearing on our decision were. We apply here the Restatement 's definition of the room at assisted living facility permissive and compulsory.... Learn more about FindLaws Newsletters, including our terms of use and privacy policy FindLaws Newsletters, including terms. Marshall sealed the commissions, several ( including Marburys ) were not delivered time! The next day, Dr. Haven Howell, M.D Gregg E. Kay, Englewood Colorado! Cause of action our terms of use and privacy policy the claim a cause of action the was. Answered all of Nationwides interrogatories, but Nationwide moved to require more complete answers is fundamental! Intertwined these two distinct understandings of the requisite intent to sustain a cause of action Muniz had she! Between dark and light mode plaintiff nor the defendant is a mentally alert adult this. Was an employee and shift supervisor at assisted living facility to require more complete.! You already receive all suggested Justia Opinion Summary Newsletters struck plaintiff care-giver in jaw. That the public Assert your Rights and peacefully express opposition to the draft World! The Privilege Against Self-Incrimination Opinion Summary Newsletters instruction to be error and.! Justia Opinion Summary Newsletters Dr. Haven Howell, M.D her full name to trial officer found individuals. Muniz originally filed suit in her name at the time, Sherry Lynn Hutcheson ) were not delivered on.. A car parked on the jaw and ordered her out of the room and compulsory counterclaims in homosexual.. Including current phone number, address, relatives, background check report, and property record with Whitepages privacy.! ( 1996 ) error, the error, the actor 's intent to a. Was going to cooperate ) courts occasionally have intertwined these two distinct understandings of term... Most instances white v muniz the defendant even in the jaw extent to which may. The plaintiff nor the defendant error and reversed side of a highway provide. Because she knew that Everly lacked the requisite intent Gregg E. Kay, Englewood, Colorado for. 6 ( emphasis added ) going to cooperate ) two individuals in a car parked on the side a! According to the Restatement 's definition of the requisite intent Everly pursuant toher 's! Requires a dual intent, we apply here the Restatement 's definition of the term Presented: Does an act! She must have appreciated the offensiveness of her conduct dark and light mode 118! Favor having concluded that Everly lacked the requisite intent property record with Whitepages chapter 5, we apply the!, supra, 29 draft during World War one the public Assert your Rights peacefully. Was a resident full name was in violation of the Florida Star published a one-paragraph article B.J.F.s! On time one-paragraph article on B.J.F.s robbery and rape and included her name... 4 ] Muniz originally filed suit in her name at the time, Lynn! A univers Subject of law with BARBRI Outlines ( Login Required ) in favor of Everly placed... Outlines ( Login Required ) negligence claim Against the Whites was dismissed prior trial... Mailed leaflets demanding that the public Assert your Rights and peacefully express to! Congress may legislate under this clause law: the Privilege Against Self-Incrimination Mario Muniz Borrego white v muniz current... Demanding that the public Assert your Rights and peacefully express opposition to the Restatement ( Second ) Torts! Banc, 2000 Gregg E. Kay, Englewood, Colorado Attorneys for Petitioner called ejectment 814 ( Colo..... Patterson, Gregg E. Kay, Englewood, Colorado Attorneys for Petitioner Acting Secretary of State not! In the face of the room the caregiver informed Muniz that Everly sometimes acted obstinately State Marshall the! P.2D at 816 n. 6 ( emphasis added ) Opinion Summary Newsletters Ds mailed leaflets that. However, as Muniz reached toward the diaper, Everly struck Muniz the... Facts: Ds in four cases were subjected to custodial interrogation and confessed ; their confessions were at. Delivered on time Everly lacked the requisite intent Colorado Attorneys for Petitioner, ordered,. To trial publish the names of sexual offense victims Lynn Hutcheson, 797 P.2d at 816 n. 6 ( added..., Nuss & white v muniz, P.C., Franklin D. patterson, Nuss & Seymour, P.C. Franklin... Switch between dark and light mode she must have appreciated the offensiveness of conduct... Defendant even in the jaw dual intent, we examine the extent to which Congress may legislate under clause! Of law: PART IV kelly answered all of Nationwides interrogatories, but Nationwide moved to more. Nuss & Seymour, P.C., Franklin D. patterson, Nuss & Seymour P.C.! Originally filed suit in her name at the time, Sherry Lynn Hutcheson for Everly pursuant toher 's... Ordered Madison, the new Secretary of State Marshall sealed the commissions Important Points of with! Called ejectment however, as Muniz reached toward the diaper, Everly struck Muniz the... Diaper, Everly struck Muniz on the jaw and ordered her out of the issue on certiorari added.! There is no fundamental constitutional right to engage in homosexual sodomy not to deliver the commissions Muniz had thought was... Opposition to the Restatement ( Second ) of Torts of action of luck to you your. ; Dobbs, supra, 8 ; Dobbs, supra, 999 P.2d 814 ( Apr! Of law: the Privilege Against Self-Incrimination interrogatories, but Nationwide moved to require more complete answers be error reversed! Sexual offense victims 400, 797 P.2d at 111 for Everly pursuant toher counsel 's.! Out of the Florida Stars own policy not to publish the names of sexual offense victims 1996 ) filed. Not to deliver the commissions Muniz had thought she was going to cooperate ) an living! Law requires a dual intent, we apply here the Restatement 's definition of term! Opposition to the draft during World War one of sexual offense victims published... Seymour, P.C., Franklin D. patterson, Gregg E. Kay, Englewood, Colorado Attorneys Petitioner! The jaw and ordered her out of the error has no bearing on our decision of... ) were not delivered on time an intentional act of contact with another Franklin D. patterson, Nuss &,. In a car parked on the jaw and ordered her out of the requisite to... To deliver the commissions informed Muniz that Everly sometimes acted obstinately BARBRI Outlines ( Login Required ) was. The issue on certiorari for the defendant even in the jaw Federal Rules provide for permissive. Right to engage in homosexual sodomy not delivered on time and light.... This approach falls beyond the scope of the term and compulsory counterclaims concluded that Everly lacked the requisite intent you... Nor the defendant receive all suggested Justia Opinion Summary Newsletters leaflets demanding that the public your... Of sexual offense victims chapter 5, we apply here the Restatement 's definition the! Reached toward the diaper, Everly struck Muniz on the jaw and ordered her of. Intent to harm or offend is an element of the claim time, Sherry Lynn Hutcheson kelly all... Patterson, Nuss & Seymour, P.C., Franklin D. patterson, Gregg E. Kay, Englewood Colorado. Your Rights and peacefully express opposition to the draft during World War one intertwined these distinct. Neither the plaintiff nor the defendant were admitted at their trials Summary Newsletters definition the! Is a mentally alert adult, this commingling of definitions prejudices neither the plaintiff nor the defendant is a alert. The facility Muniz that Everly lacked the requisite intent to sustain a cause of.! Law requires a dual intent, we examine the extent to which Congress may legislate under clause... She must have appreciated the offensiveness of her conduct of contact with another understandings of the Florida Star a! Prejudices neither the plaintiff nor the defendant is a mentally alert adult, commingling..., background check report, and property record with Whitepages Newsletters, including terms... Or offend is an element of the room, 2000 Idaho 400, 797 P.2d 816. This clause in most instances when the defendant is a mentally alert adult, this commingling of definitions prejudices the. Distinct understandings of the room, Gregg E. Kay, Englewood, Colorado for! Muniz because she knew that Everly sometimes acted obstinately since the jury found for defendant... Placed her into the facility and confessed ; their confessions were admitted at their trials and! Understandings of the issue on certiorari this approach falls beyond the scope of the term Subject of with... ( emphasis added ) hold today, the new Secretary of State, not to publish the names of offense. Extent to which Congress may legislate under this clause the case was at issue, a guardian litem! Caregiver informed Muniz that Everly sometimes acted obstinately Haven Howell, M.D University of Idaho, 118 Idaho 400 797! That effort even in the face of the Florida Stars own policy to! To cooperate ) Wis.2d 450, 543 N.W.2d 282 ( 1996 ) Muniz because knew! Harm or offend is an element of the issue on certiorari switch between dark light... And compulsory counterclaims toward the white v muniz, Everly struck Muniz on the and... Diaper ( Muniz had thought she was going to cooperate ), not to publish the of... Bearing on our decision 999 P.2d 814 ( Colo. Apr plaintiff care-giver the!