White v. Muniz
Colorado Supreme Court
999 P.2d 814 (2000)
White (defendant) moved her elderly grandmother, Everly, into a nursing home. While at the home, Everly showed signs of dementia, becoming easily agitated and acting aggressive. Muniz (plaintiff) was changing Everly’s diaper with little cooperation from Everly, when Everly struck Muniz. Muniz then brought a battery claim against Everly and White. The trial judge instructed the jury to find Everly liable for battery only if she intended to strike Muniz and intended that her conduct be offensive. The jury then found that Everly and White were not liable for battery. The court of appeals reversed, however, finding that the trial court erred in its jury instruction.
Rule of Law
Holding and Reasoning (Kourlis, J.)
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