University:
Georgia State University
Course:
LAW 5060 | Torts I
Academic year:

2023
Views:

388

Pages:

2
Author:

Maverick Martin

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. 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