Hall v. McBryde

Hall v. McBryde
919 P.2d 910 (Colo. App. 1996)

Facts: Defendant got caught in a drive-by and shot back at the car (though he claims not at the people in it). Plaintiff was next door and claims he was injured by one of the defendant's bullets. Plaintiff brought a charge of battery against the defendant.

Procedure: Trial court judged in favor of the defendant.

Issue: Did a battery occur?

Holding: If defendant's bullet was indeed the one that struck plaintiff, then yes.

Reasoning: It didn't matter that the defendant wasn't trying to hit the people in the car; it is enough that he was trying to make them think he was. This sort of liability continues if, in the process of act the batterer hits a third party instead of his target.