Big Town Nursing Home Case Brief (false imprisonment) PDF

Preview

Summary

2020 Torts Law I Case Brief - Big Town Nursing Home (and notes on false imprisonment)...

Description

False Imprisonment

Big Town Nursing Home, Inc. v. Newman Court of Civil Appeals of Texas, 1970 461 S.W.2d 195

FACTS Parties: Appellant: Big Town Nursing Home Appellee: Newman Procedural History: o The District Courts ruled in favor of Newman for actual and exemplary damages in false imprisonment. Big Town Nursing Home appealed the decision. Relevant Facts: o September 19, 1968-Plaintiff’s nephew admitted him into a nursing home o Admissions papers stated, “will not be forced to remain in the nursing home against his will for any length of time” o He was not allowed to leave or make phone calls, he attempted to leave many times but was forced back to the home o Locked up at times in “restraint chair” Basis for Dispute: Plaintiff claims false imprisonment where the nursing home does not find it as such ISSUE: Whether or not the district court was correct in their assessment that the plaintiff was held against his will and if this is in fact a case of false imprisonment? PARTIES’ ARGUEMENTS: Plaintiff: o He was not allowed to leave the nursing home or make phone calls and was brought back forcibly without his consent. Defendant: o Does not believe false imprisonment believes plaintiff should be admitted to the facility HOLDING: The court affirmed the decision by the district court. Although they did lower the amount of damages the plaintiff recovered from the defendant.

False Imprisonment

DISPOSITION OF THE COURT: o Defendant acted in complete disregard for the plaintiff’s rights, knowing there was no court order for containment o Found that the damages awarded were a bit excessive and lowered them. RULE OF LAW: o “Defendant may be compelled to respond in exemplary damages if the actual damages if a wrongful act done intentionally in violation of the rights of the plaintiff.” Pg. 42 o “False imprisonment is the direct restraint of one person of the physical liberty of another without adequate legal justification.” Pg. 42...