White v. Muniz (Colorado Supreme Ct, 2000) Parties: Muniz was shift supervisor at assisted living facility. Everly was resident with dementia. White was granddaughter of Everly who placed her into the facility. Procedural History: Trial ct found for Everly and White (Muniz’s counsel had objected to part of instruction which stated person with dementia must have appreciated offensiveness of her conduct.) Appellate ct held instruction to be error and reversed. Facts: Muniz tried to change Everly’s diaper and Everly struck Muniz on jaw and ordered her out of the room. Muniz sued Everly and White as her representative for assault and battery. Issue: Does an intentional tort require proof a tortfeasor not only intended to contact another person, but also that the contact be harmful or offensive to the other person? Rule: An actor is subject to liability to another for battery if: (a) he acts intending to cause harmful or offensive contact to another or an imminent apprehension of such contact; AND (b) an offensive or harmful contact with the other directly or indirectly results. Holding: Reject Muniz’s arguments and find trial ct delivered an adequate instruction to the jury. Reasoning: Colorado law requires a dual intent, so the jury had to find Everly appreciated the offensiveness of her conduct in order to be liable for intentional tort of battery. Jury reasoned that Everly did not possess the necessary intent to commit an assault or battery.