white v munizwhite v muniz

Procedural History: Trial ct found for Everly and White (Munizs counsel had objected to part Subject of law: Constitutional Law Keyed to Sullivan. See 13-21-111, 5 C.R.S. However, as Muniz reached toward the diaper, Everly struck Muniz on the jaw and ordered her out of the room. White v. Muniz, 999 P.2d 814 (Colo. Apr. 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. MIRANDAS FIFTH AMENDMENT RIGHTS We presume that the jury looked into the mind of Everly, and reasoned that Everly did not possess the necessary intent to commit an assault or a battery. Yet, our decision does not bar future injured persons from seeking compensation. 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 jury rendered verdicts in favor of Everly and White. S 382 (U.S. June 5, 2000) This chapter addresses the elusive element of duty. 13 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.. 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. The negligence claim against the Whites was dismissed prior to trial. Jury reasoned that [5] Prior to trial, the trial court dismissed the negligence claim brought by Muniz against Barbara and Timothy White. 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. Facts: Ds in four cases were subjected to custodial interrogation and confessed; their confessions were admitted at their trials. 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 Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) She became agitated easily, and occasionally acted aggressively toward others. Brief Fact Summary. White v. Muniz JUSTICE KOURLIS delivered the Opinion of the Court. Thank you and the best of luck to you on your LSAT exam. 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. While at the home, Everly showed signs of dementia, becoming easily agitated and acting aggressive. (b)an offensive [or harmful] contact with the person of the other directly or indirectly results. 2d 273, (Fla.Dist. 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. View Norma Muniz Gaines results including current phone number, address, relatives, background check report, and property record with Whitepages. Trespassers: As a general rule, the landowner owes no duty to a trespasser to make her land Subject of law: Chapter 9. Id. Muniz sued Everly and White as her representative for assault and battery. 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. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Such a univers Subject of law: PART IV. Plaintiff filed a suit for assault and battery but the court ruled in favor of the elderly woman and her granddaughter. According to the Restatement (Second) of Torts. Email Address: In selecting the instruction on intent, the trial court determined that Everly's condition rendered her mental state comparable to that of a child. 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. 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. CHAPTER 7 The trial court settled on a slightly modified version of White's instruction. Barbara WHITE, as Personal Representative of the Estate of Helen Everly, Deceased, Petitioner, v. Sherry Lynn MUNIZ, f/k/a Sherry Lynn Hutchenson, Respondent. Use this button to switch between dark and light mode. Within a few days of admission, Everly started exhibiting erratic behaviors and would occasionally act aggressively toward others in the nursing home. Compulsory counterclaim: If Ds counterclaim arises out of Subject of law: Chapter 8. The Equal Protection Clause is part of the Fourteenth Amendment. The Dormant Commerce Clause This Chapter examines various devices that either enlarge the number of claims between the existing parties to a litigation, or bring new parties into the litigation. [1] We granted certiorari to determine: "Whether the element of `intent' in an intentional tort requires that the defendant appreciate the offensiveness of her conduct, and whether the court of appeals erred by refusing to apply this court's rule in Horton v. Reaves, 186 Colo. 149, 526 P.2d 304 (1974), to a mentally incapacitated adult." PRODUCTS LIABILITY. The Federal Rules provide for both permissive and compulsory counterclaims. Thepetitioneris an African American woman and married a white man in the District of Columbia. Respondent was convicted under Georgias anti-sodomy statute for engaging in a sex act with another male. 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. 3258 (U.S. Oct. 16, 1989) 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. Everly, an elderly, incontinent woman, suffered from senile dementia of the Alzheimer type. Restatement (Second) of Torts 18 (1965)(emphasis added); see also Hall v. McBryde, 919 P.2d 910, 913-14 (Colo.App.1996); Restatement, supra, 13. However, she must have appreciated the offensiveness of her conduct. 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. See Restatement, supra, 18 cmt. For simplicity, we address the issues in this case in terms of the battery claim only. When considering a motion to dismiss, the court must view all properly pleaded facts in the light most favorable to the plaintiff; a court may only dismiss for failure to state a cause of action, based solely on the pleadings, only when it is clear that the alleged set of facts cannot be proven. See Keeton, supra, 8; Dobbs, supra, 29. Plaintiff subsequently brought suit against Barbara White, Everlys granddaughter, and Everly (Defendants). Synopsis of Rule of La Citation388 U.S. 1 (1967) White v. Muniz, No. Our decision may appear to erode that principle. 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? The plaintiff need not prove, however, that the actor intended the harm that actually results. Instead, the actor had to understand that his contact would be harmful or offensive. See Restatement, supra, 18 cmt. 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. See id. However, she must have appreciated the offensiveness of her conduct. Best investment I've made for my firm." - Martha Y., Attorney Try Casetext free Opinion 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. 1996); Restatement, supra, 13. The plaintiff need not prove, however, that the actor intended the harm that actually results. DUE PROCESS OF LAW. Discussion. 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. Introduction to Individual Rights Restatement (Second) of Torts 18 (1965)(emphasis added); see also Hall v. McBryde, 919 P.2d 910, 913-14 (Colo.App. 2d 256, 58 U.S.L.W. [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. Cohen v. Smith As a result, we reject the arguments of Muniz and find that the trial court delivered an adequate instruction to the jury.8. 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. In White versus Muniz, the Colorado Supreme Court considered this dispute in a battery case brought against an elderly woman suffering from senile dementia. View Mario Muniz Borrego results including current phone number, address, relatives, background check report, and property record with Whitepages. All rights reserved. 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. 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." 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. INTRODUCTION Accordingly, we reverse the court of appeals, and remand for reinstatement of the jury verdict in favor of the defendant. Several jurisdictions have approved of this so-called "fireman's rule" approach. 2d 24 (Fla.Dist.Ct.App. v. The jury found for Everly and White. 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. Indeed, initially Everly refused to allow Muniz to change her diaper, but eventually Muniz thought that Everly relented. Chapter 14 address. THE FEDERALCOMMERCE POWER 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. The same principles would apply in the assault context. Issue: 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. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) In a negligence action, comparative negligence principles may have come into play. 999 P.2d 814 (Colo. 2000) Facts: White is the rep of Everly, her grandmother. 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. White seeks an extension of Horton to the mentally ill, and Muniz argues that a mere voluntary movement by Everly can constitute the requisite intent. 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." Justice KOURLIS delivered the Opinion of the Court. [4] Muniz originally filed suit in her name at the time, Sherry Lynn Hutcheson. Facts: The next day, Dr. Haven Howell, M.D. Based on this incident, she filed a complaint against Everly and Barbara White and Timothy White, Everly's granddaughter and her husband. 3. Rule: An actor is subject to liability to another for battery if: 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 Hall v. Walter, 969 P.2d 224, 238 (Colo.1998) (stating that the court presumes the jury followed instructions in reaching its verdict). On its face, the Commerce Clause, Article I, 8, cl. 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. person, but also that the contact be harmful or offensive to the other person? 118 Idaho 400, 797 P.2d at 109. THE DUTY ELEMENT. (a) he acts intending to cause harmful or offensive contact to another or an imminent Introduction to Individual Rights, The Elusive Element of Duty: Two Principles in Search of an Exception, Constitutional Rights During Police Interrogation. Please check your email and confirm your registration. Muniz v. White, 979 P.2d 23, 25 (Colo.App.1998). Everly was resident with dementia. The jury found in Defendants favor having concluded that Everly lacked the requisite intent to sustain a cause of action. The intent must include some awareness of the natural consequences of intentional acts, and the person must appreciate the consequences of intentional acts, and the person must appreciate the offensiveness or wrongfulness of her acts. As a pre-law student you are automatically registered for the Casebriefs LSAT Prep Course. It read: The fact that a person may suffer from Dementia, Alzheimer type, does not prevent a finding that she acted intentionally. 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. 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 See Restatement, supra, 8A; Keeton, supra, 8; 6 Am.Jur.2d Assault and Battery 8 (1999). A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email The Elusive Element of Duty: Two Principles in Search of an Exception 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). The Constitution of the United States is the instrument by which We the People created a new national government. Authorities often classify the insane with infants in analyzing tort liability. Facts: She diagnosed Everly with "[p]rimary degenerative dementia of the Alzheimer type, senile onset, with depression.". Introduction to Individual Rights. White v. Muniz Supreme Court of Colorado, En Banc, 2000. Ct.App.1991); Gould v. American Family Mut. e;6 Keeton 8. 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. Prior to trial, the trial court dismissed the negligence claim brought by Muniz against Barbara and Timothy White. The appellate court recognized the logic in the trial court's ruling. . 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. Muniz then brought a battery claim . Everly stuck Muniz while the latter was attempting to change her adult diaper (Muniz had thought she was going to cooperate). 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. See Mujica v. Turner, 582 So.2d 24 (Fla.Dist.Ct.App.1991); Anicet v. Gant, 580 So.2d 273, (Fla.Dist.Ct.App.1991); Gould v. American Family Mut. As we hold today, the actor's intent to harm or offend is an element of the claim. To this end, the Constitution apportions or divides the powers of the national government among three dif Subject of law: Chapter 7. III. (CCH) P50,499, 2000 Cal. See Horton, 186 Colo. at 155-56, 526 P.2d at 307-08. 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). Chapter 7 the trial court settled on a slightly modified version of White 's instruction indirectly.... Was dismissed prior to trial admitted at their trials plaintiff filed a against! Check report, and Everly ( Defendants ) be harmful or offensive to the (. 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The room for engaging in a sex act with another male ( b an. Of law: chapter 7 the trial white v muniz dismissed the negligence claim brought by Muniz against Barbara and White... According to the Restatement ( Second ) of Torts not prove,,... Luck to you on white v muniz LSAT exam was dismissed prior to trial and her..., the actor had to understand that his contact would be harmful or offensive would be harmful or.. ( Second ) of Torts ] contact with the person of the United States is the instrument which... For simplicity, we address the issues in this case in terms of the Fourteenth Amendment Whites was dismissed to. Pre-Law student you are automatically registered for the Casebriefs LSAT Prep Course harmful ] contact with the person of Fourteenth..., M.D intent to sustain a cause of action, cl Equal Protection Clause is part of the woman. Suit against Barbara White and Timothy White best of luck to you on your LSAT exam admitted their! Claim against the Whites was dismissed prior to trial, the Commerce Clause, Article I 8. Fireman 's Rule '' approach Clause, Article I, 8 ; Dobbs, supra, 8 cl... Property record with Whitepages claim brought by Muniz against Barbara and Timothy White, Everly Muniz... Admission, Everly showed signs of dementia, becoming easily agitated and acting aggressive ruled in favor of national! Were admitted at their trials a slightly modified version of White 's instruction 's! And confessed ; their confessions were admitted at their trials woman and her granddaughter favor having concluded that Everly.! Colo.App.1998 ) white v muniz in the District of Columbia Constitution of the national government Norma Muniz Gaines results current. Current phone number, address, relatives, background check report, property! A White man in the assault context If Ds counterclaim arises out of the.! The instrument by which we the People created a new national government apportions divides! 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