For Your Data White V. Muniz Representative Brief
November 21, 2020
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White v. Muniz
999 P.2d 814 (Colo. 2000)
Tort Law
PROCEDURAL HISTORY: Petitioner, the personal representative of the estate of alleged tortfeasor, challenged a Colorado Court of Appeals decision, which determined that a mentally incapacitated adult should endure held liable for her intentional tort fifty-fifty though she was non able to appreciate or sympathise the wrongfulness of her actions.
FACTS:
-Alleged tortfeasor, an elderly adult woman placed inwards a personal tending center, began to demo erratic behavior.
-She became easily agitated in addition to acted aggressively toward others on occasion.
-On i occasion, she struck plaintiff care-giver inwards the jaw.
-Petitioner, a personal representative of the estate of the alleged tortfeasor, appealed the lower court's conclusion determining that a mentally incapacitated adult should endure held liable for her intentional tort fifty-fifty if she was unable to appreciate the wrongfulness of her actions.
HOLDING
The courtroom held that inwards lodge to recover on a theory of intentional tort, the (P) was required to assay out that the actor, despite her characteristics, desired to crusade both contact in addition to offensive or harmful consequences past times her act, although non the terms that truly resulted.
The courtroom ruled that the jury had determined that at that topographic point was no such intent.
RULES
-A jury tin hand the sack honor a mentally deficient individual liable for an intentional tort, merely inwards lodge to produce so, the jury must honor that the histrion intended offensive or harmful consequences.
-As a result, insanity is non a defence forcefulness to an intentional tort according to the ordinary operate of that term, merely is a characteristic, similar infancy, that may arrive to a greater extent than hard to assay out the intent chemical ingredient of battery
CONCLUSION: The judgment was reversed in addition to remanded.
The courtroom stated that the jury had determined that alleged tortfeasor did non holler back to crusade offensive or harmful consequences past times her act.
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999 P.2d 814 (Colo. 2000)
Tort Law
PROCEDURAL HISTORY: Petitioner, the personal representative of the estate of alleged tortfeasor, challenged a Colorado Court of Appeals decision, which determined that a mentally incapacitated adult should endure held liable for her intentional tort fifty-fifty though she was non able to appreciate or sympathise the wrongfulness of her actions.
FACTS:
-Alleged tortfeasor, an elderly adult woman placed inwards a personal tending center, began to demo erratic behavior.
-She became easily agitated in addition to acted aggressively toward others on occasion.
-On i occasion, she struck plaintiff care-giver inwards the jaw.
-Petitioner, a personal representative of the estate of the alleged tortfeasor, appealed the lower court's conclusion determining that a mentally incapacitated adult should endure held liable for her intentional tort fifty-fifty if she was unable to appreciate the wrongfulness of her actions.
HOLDING
The courtroom held that inwards lodge to recover on a theory of intentional tort, the (P) was required to assay out that the actor, despite her characteristics, desired to crusade both contact in addition to offensive or harmful consequences past times her act, although non the terms that truly resulted.
The courtroom ruled that the jury had determined that at that topographic point was no such intent.
RULES
-A jury tin hand the sack honor a mentally deficient individual liable for an intentional tort, merely inwards lodge to produce so, the jury must honor that the histrion intended offensive or harmful consequences.
-As a result, insanity is non a defence forcefulness to an intentional tort according to the ordinary operate of that term, merely is a characteristic, similar infancy, that may arrive to a greater extent than hard to assay out the intent chemical ingredient of battery
CONCLUSION: The judgment was reversed in addition to remanded.
The courtroom stated that the jury had determined that alleged tortfeasor did non holler back to crusade offensive or harmful consequences past times her act.
---
Interested inwards learning how to move the transcend grades inwards your police pull schoolhouse classes? Want to acquire how to report smarter than your competition? Interested inwards transferring to a high ranked school?