White v. Muniz – 999 P.2d 814 (Colo. 2000)

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. Muniz filed a complaint against Everly and White, Everly’s granddaughter, for assault and battery.

Issue: 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.

Holding: Colorado requires dual intent so they rejected the arguments of Muniz and affirmed the trial court. It was proper for the trial court to instruct the jury that Everly “must have appreciated the offensiveness of her conduct”

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