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Torts keyed to Best
White v. Muniz
Citation:
999 P.2d 814 (Colo. 2000).
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
White places Everly in a long-term care facility. Everly objects to this decision and is not cooperative in admission in the facility or with caregivers.
On one occasion, Everly refused to allow Muniz to change her adult diaper. After some time, Muniz thought Everly had finally relented, yet as Muniz reached for Everly’s diaper, she struck the caregiver in the jaw.
The following day, Doctor Haven Howell diagnoses White with progressive dementia with a gradual loss of function—including a loss of higher cortical function and impulse control. Muniz filed suit alleging assault and battery against Everly (as well as negligence against White).
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Topic Resources
22m 47sTopic Outline 