Hall v McBryde
Citation: Hall v McBryde, 919 P.2d 910 (Colo. Ct. App. 1996)
Parties:
- Hall (plaintiff)
- Marcus McBryde (defendant)
Facts:
- Marcus was at his parents house when he discovered a gun under his dads bed. Some other youths decided to spin the block and started shooting towards his house. Marcus fired back at their car, and during the exchange of gunfire, McBryde’s neighbor was struck in the abdomen with a bullet, which caused him to need extensive medical treatment. Marcus said he was just trying to fire warning shots (assault) at the kids in the car.
Procedural History:
- Trial court granted a verdict in favor of McBryde, Plaintiff appealed.
Issue:
- If it was McBryde’s bullet that accidentally hit his neighbor, is there a transfer of intent making him liable for battery if he intended to shoot the other youths’ car?
Rule:
- Transfer of intent between torts: a plaintiff who suffers a harmful or offensive contact can recover for a battery even if the defendant intended only assault, and allow a plaintiff who suffered apprehension of imminent harmful or offensive contact to recover for assault even if the defendant only intended a battery
- Transfer of intent among people: if a defendant intends to assault or batter one person but ends up assaulting or battering another, the defendant will be liable to the other as if the other had been the intended target.
Holding:
- Yes, there are multiple transfers of intent present that result in McBryde being liable for battery if the facts are true
Reasoning:
- McBryde meant to shoot at the car to protect his house, meaning he meant to put the youths at an apprehension of imminent physical harm. This sets up transfer of intent between torts. He also meant to assault the youths and ended up battering his neighbor, which constitutes transfer of intent among people. Together, these transfers of intent make him liable for damages.
Decision:
- Remanded to trial court for additional findings, and if the bullet was fired by Marcus then the court must find in favor of plaintiff and enter judgement for damages as proven by plaintiff on that claim.
Disclaimer: This is not legal advice. This case brief and the others on this website are based solely on my personal understanding of the underlying case. They emphasize the points that my law professors emphasized. You should use them merely as a supplement to your own studies.