White v. Muniz

White v. Muniz
999 P.2d 814 (Colo. 2000)

Facts: White is the rep of Everly, her grandmother. Everly stuck Muniz while the latter was attempting to change her adult diaper (Muniz had thought she was going to cooperate). Everly has been diagnosed with dementia. The trial judge instructed the jury that dementia does not preclude intent, but that she must have appreciated the offensiveness of her conduct; Muniz said those directions misstated the law.

Procedure: The jury found for White. Court of Appeals reversed because of the instructions. White appealed.

Issue: Does an intentional tort require proof that the tortfeasor not only intended contact, but also harm or offense?

Holding: Yes.

Reasoning: Colorado law requires dual intent.