October 27, 2013

Big Town Nursing Home, Inc. v. Newman | Case Brief - 461 S.W.2d 195 (1970) - Court of Civil Appeals of Texas

Facts: Plaintiff has Parkinson's disease, arthritis, heart trouble, voice impediment and a hiatal hernia.  Son signed him into the home and paid for one month's care.  Admission papers provided that he would not be held there against his will.  Plaintiff decided to leave but was locked up.  Tried again 5 or 6 times and then finally escaped.

Procedural History: Judgement for Newman for actual and exemplary damages.

Issue: Was it false imprisonment?

Holding: Yes

Rationale: Defendant was not under court order to keep him there and the admission agreement provided he was not to be kept against his will.

Disposition: Sustained, plaintiff was falsely imprisoned.