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Hall v. McBryde

Colorado Court of Appeals
919 P.2d 910 (1996)


Facts

McBryde (defendant), a minor, went to his parents’ (defendants) home to pick up some clothes after school. McBryde did not reside at the house, because it was too dangerous; McBryde’s parents had allowed him to live with a relative in order to avoid gang-related problems in the neighborhood. While he was gathering his clothes, McBryde noticed a car filled with youths approaching the house. McBryde retrieved a loaded handgun hidden under the mattress of his parents’ bed. After one of the other youths began shooting toward the house, McBryde fired four shots toward the car. Hall (plaintiff), a neighbor, was struck by one of the bullets. Hall filed suit against McBryde and his parents for battery and sought damages to pay for the significant medical bills that resulted due to his injuries. The trial court found that there was no evidence that McBryde intended to shoot at Hall. Consequently, the trial court held for McBryde. Hall appealed.

Rule of Law

Issue

Holding and Reasoning (Hume, J.)

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