White v. Muniz

999 P.2d 814 · Supreme Court of Colorado · 2000

Facts

Helen Everly, an 83-year-old with Alzheimer's, struck her caregiver, Sherry Lynn Muniz, while Muniz was changing her diaper at an assisted living facility. Muniz sued Everly for assault and battery, but the jury found for Everly after being instructed that Everly must have appreciated the offensiveness of her conduct. The Court of Appeals reversed, holding that mental incapacity is not a defense to intentional torts.

Procedural history

Muniz filed suit against Everly, and a jury rendered verdicts in favor of Everly and White. The court of appeals reversed the trial court's decision and remanded the case for a new trial, reasoning that mentally deficient individuals should be held liable for intentional acts regardless of their ability to understand the offensiveness of their actions. The Supreme Court granted certiorari to determine the correct standard for intent in intentional torts involving mentally incapacitated adults.

Issue

Does the element of "intent" for an intentional tort like battery require that a mentally incapacitated defendant appreciate the offensiveness or wrongfulness of their conduct? Did the Court of Appeals err by not applying the rule for children's intent to mentally incapacitated adults?

Holding

Yes, the element of intent for an intentional tort requires that the defendant appreciate the offensiveness or wrongfulness of their conduct, even if mentally incapacitated. The Court reversed the Court of Appeals and reinstated the jury verdict in favor of Everly's estate.

Rule

For an intentional tort like battery, the plaintiff must prove that the actor intended to cause a harmful or offensive contact, meaning the actor must have desired or known with substantial certainty that the contact would be harmful or offensive. Mental incapacity, like infancy, is a characteristic that makes proving this intent more difficult, but it does not negate the requirement of dual intent.

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