EQUAL PROTECTION. 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. 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.". Test for commerce power: A particular congressional act comes within Congress commerce power if both of the following are true: 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. 803) (1999). White v. Muniz. The trial court settled on a slightly modified version of White's instruction. 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. Indeed, initially Everly refused to allow Muniz to change her diaper, but eventually Muniz thought that Everly relented. In most instances when the defendant is a mentally alert adult, this commingling of definitions prejudices neither the plaintiff nor the defendant. 9. See id. 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. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from [5] Prior to trial, the trial court dismissed the negligence claim brought by Muniz against Barbara and Timothy White. 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. Contrary to Muniz's arguments, policy reasons do not compel a different result. [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). 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. P is saying that intent to contact is enough. 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, on behalf of Everlys estate, then appealed the decision to the Colorado Supreme Court.Want more details on this case? 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. [2] Within a few days of admission, Everly started exhibiting erratic behavior. MIRANDAS FIFTH AMENDMENT RIGHTS 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: As a result, we reject the arguments of Muniz and find that the trial court delivered an adequate instruction to the jury.[8]. Plaintiff subsequently brought suit against Barbara White, Everlys granddaughter, and Everly (Defendants). CitationPennsylvania v. Muniz, 1989 U.S. LEXIS 4885, 493 U.S. 916, 110 S. Ct. 275, 107 L. Ed. 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. Our decision may appear to erode that principle. Chapter 10 PRODUCTS LIABILITY All rights reserved. In Horton v. Reaves, 186 Colo. 149, 526 P.2d 304 (1974), we examined the jury instructions used to determine if a four-year-old boy and a three-year-old boy intentionally battered an infant when they dropped a baby who suffered skull injuries as a result. 8. [1] We disagree with the court of appeals. See Mujica v. Turner, 582 So. Issue. The next day, Dr. Haven Howell, M.D. 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. 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. 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. Brief Fact Summary. The Federal Rules provide for both permissive and compulsory counterclaims. Subject of law: Constitutional Rights During Police Interrogation. 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. Thank you and the best of luck to you on your LSAT exam. address. Instead, the actor had to understand that his contact would be harmful or offensive. See Hall v. Walter, 969 P.2d 224, 238 (Colo.1998) (stating that the court presumes the jury followed instructions in reaching its verdict). 2d 24 (Fla.Dist.Ct.App. 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. You have successfully signed up to receive the Casebriefs newsletter. Trespassers: As a general rule, the landowner owes no duty to a trespasser to make her land Subject of law: Chapter 9. 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. The Supreme Court reversed judgment and reinstated the jury verdict. 1991); Anicet v. Gant, 580 So. In Horton v. Reaves, 186 Colo. 149, 526 P.2d 304 (1974), we examined the jury instructions used to determine if a four-year-old boy and a three-year-old boy intentionally battered an infant when they dropped a baby who suffered skull injuries as a result. 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. 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. 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. Citation478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. See id. The appellate court recognized the logic in the trial court's ruling. Muniz v. White, 979 P.2d 23, 25 (Colo.App.1998). 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. Chapter 4 Munizs claims against Everly for assault and battery were submitted to the jury, resulting in a verdict in favor of the estate of Everly (who died during the pendency of the action). The same principles would apply in the assault context. Stay up-to-date with how the law affects your life. The fact that a person may suffer from Dementia, Alzheimer type, does not prevent a finding that she acted intentionally. She became agitated easily, and occasionally acted aggressively toward others. But D argues that she has to also appreciate the harm of the contact. Offensive - Reasonable sense of personal dignity - No consent. Plaintiff filed a suit. On one occasion, she struck plaintiff care-giver in the jaw. See id. 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. While at the home, Everly showed signs of dementia, becoming easily agitated and acting aggressive. Brief Fact Summary. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) In November of 1994, Muniz filed suit alleging assault and battery[3] against Everly, and negligence against Barbara and Timothy White. Restatement (Second) of Torts 18 (1965) (emphasis added); see also Hall v. The same principles would apply in the assault context. Plaintiff subsequently brought suit against Barbara White, Everlys granddaughter, and Everly (Defendants). 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. 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. 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. Audio opinion coming soon. Use this button to switch between dark and light mode. This result complied with both the Colorado jury instruction at the time, and the definition of battery in the Restatement. The actor need not have intended, however, the harm that actually resulted from his action. Muniz. See Keeton, supra, 8. Rule: An actor is subject to liability to another for battery if: Brief Fact Summary. This chapter addresses the elusive element of duty. The jury rendered verdicts in favor of Everly and White. Subject of law: The Privilege Against Self-Incrimination. 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. Keeton, supra, 135. 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