Hall v. McBryde by and Through McBryde
919 P.2d 910 · Colorado Court of Appeals · 1996
Facts
Marcus, visiting his parents' home, found his father's hidden gun. When other youths began shooting at the house, Marcus fired back, and a neighbor, Eric Hall, was struck by a bullet. The trial court found for Marcus on battery and for his parents on negligent maintenance of a weapon and negligent supervision.
Issue
Did the trial court err in finding that Marcus's parents were not negligent in maintaining the weapon or supervising Marcus, and did it err in finding Marcus not liable for battery against the neighbor?
Holding
The appellate court affirmed the judgment for the parents on negligent maintenance of a weapon and negligent supervision. However, it reversed the judgment for Marcus on the battery claim, remanding for a determination of whether Marcus fired the bullet that struck the plaintiff.
Rule
For battery, intent is satisfied if the actor intends to cause harmful contact or imminent apprehension of such contact. Under the doctrine of transferred intent, if an actor intends to cause apprehension of harm to one person but causes actual harm to another, the actor is liable for battery to the injured person.
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