Hall v. McBryde by and Through McBryde
919 P.2d 910 · Colorado Court of Appeals · 1996
Facts
Marcus McBryde, a minor, found his father's loaded gun. When other youths approached his parents' home and began shooting, Marcus fired back, and a neighbor, Eric Hall, was struck by a bullet. Hall sued Marcus for battery and his parents for negligent maintenance of a weapon and negligent supervision. The trial court found for all defendants.
Issue
Did the trial court err in finding that Marcus's parents were not negligent in weapon maintenance or supervision, and did it err in finding Marcus not liable for battery by misapplying the intent and transferred intent doctrines?
Holding
The court affirmed the judgment for the parents on the negligence claims, finding no error in the trial court's factual determinations regarding reasonable care and lack of known propensity. However, the court reversed the judgment for Marcus on the battery claim, remanding for a determination of whether Marcus fired the bullet that struck Hall, based on a proper application of transferred intent.
Rule
For battery, intent is satisfied if the actor intends to cause harmful or offensive contact or imminent apprehension of such contact. Under the doctrine of transferred intent, if an actor intends to put one person in apprehension of harmful contact but causes actual harmful contact to another, the actor is liable to the injured person for battery.
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