Hardy Case Brief PDF

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2020 Torts Law I Case Brief - Hardy...

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Hardy v. LaBelle’s Distributing Co. Supreme Court of Montana, 1983 203 Mont. 263, 661 P.2d 35

FACTS Parties: Plaintiff: Hardy Defendant: LaBelle’s Distributing Co. Procedural History: o

Appeal by the plaintiff from the District Court who ruled in favor of the defendant

Relevant Facts: o o o o

Plaintiff was accused of stealing a watch from her place of temporary employment She was taken to an office where she was interrogated by a police man, and two managers She voluntarily took a lie detector test which proved she was not lying She brought action against them claiming that she was wrongfully detained and questioned about the watch

Basis for Dispute: Plaintiff contends she was contained against her will ISSUE: Whether or not there is enough evidence to support a false imprisonment claim? PARTIES’ ARGUEMENTS: Plaintiff: Feels she was detained against her will. Defendant: Felt had a right to question her but did not make her stay or force her anywhere. HOLDING: Court affirmed the decision of the lower courts. DISPOSITION OF THE COURT: o o o

She admitted to wanting to stay and clarify the situation in court She did not ask to leave, she was not told she couldn’t leave, and no force was made otherwise She also stated she would have followed the manager into the room voluntarily if she had known the purpose of the meeting

RULE OF LAW: “Two key elements of false imprisonment are the restraint of an individual against his will and the unlawfulness of such a restraint. The individual may be restrained by acts or merely by words which he fears to disregard”...