HALL V. McBRYDE
919 P.2d 910 (Colo.App. 1996)
NATURE OF THE CASE: Hall (P) brought a cause of action against McBryde (D) to recover
damages for battery and against D's parents, for negligent maintenance of a weapon and
negligent supervision. The Court entered a judgment in favor of the Ds. P sought review.
FACTS: D was at his parents' home with another youth after school. D was actually living
in a different neighborhood with a relative and attending a different high school in the
hope of avoiding gang-related problems. D came to the parents' house that day to retrieve
some clothing. Prior to that date, D had discovered a loaded gun hidden under the mattress
of his parents' bed. James McBryde (F) had purchased the gun sometime earlier. D noticed a
car approaching the house, and he retrieved the gun from its hiding place. After one of the
other youths began shooting towards the McBryde house, D fired four shots toward the car
containing the other youths. One bullet struck P, who lived next door, causing an injury to
his abdomen that required extensive medical treatment. The trial court made no finding as to
whether P was struck by a bullet fired by D. F testified that he had no recollection of
telling D that he had purchased the gun and that he believed he was the only one in the
house who was aware of it. D testified that he discovered it on his own. The trial court
entered a verdict for Ds. P appealed. In part, P contends that the trial court erred in
entering judgment for D on the claim of battery.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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