Barbara WHITE, as Personal Representative of the Estate of Helen Everly, Deceased, Petitioner,
v.
Sherry Lynn MUNIZ, f/k/a Sherry Lynn Hutchenson, Respondent.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
April 17, 2000.
April 17, 2000.
Attorney(s) appearing for the Case
Patterson, Nuss & Seymour, P.C., Franklin D. Patterson, Gregg E. Kay, Englewood, Colorado Attorneys for Petitioner.
Nick Wimmershoff Longmont, Colorado, Attorney for Respondent.
Wilcox & Ogden, P.C., Ralph Ogden, Denver, Colorado Attorneys for Amicus Curiae The Colorado Trial Lawyers Association.
Knapp & Sachs, P.C., Benjamin Sachs, Debra Knapp, Denver, Colorado; Law Office of Kathleen Mullen, P.C., Kathleen Mullen, Denver, Colorado; The Legal Center For People With Disabilities And Older People, Chester R. Chapman, Claire Williamson, Denver, Colorado; Law Offices of John Robert Holland, P.C., John Robert Holland, Denver, Colorado, Attorneys for Amici Curiae AARP, The Alzheimer's Association (National), The Alzheimer's Association — Rocky Mountain Chapter, The ARC of Colorado, Guardianship Alliance of Colorado, The Legal Center for People with Disabilities and Older People, and National Citizens' Coalition for Nursing Home Reform.
Supreme Court of Colorado, En Banc.
Justice KOURLIS delivered the Opinion of the Court.
Petitioner, Barbara White, as personal representative of the estate of Helen Everly, appeals the decision of the court of appeals in Muniz v. White,979 P.2d 23, 25 (Colo.App.1998), which determined that a mentally incapacitated adult should be held liable for her intentional tort even if she was unable to appreciate the wrongfulness of her actions.1
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