Big Town Nursing Home v. Newman
Nature of the Case
Appeal from an award for damages due to false imprisonment.
Facts
Newman (P) was 67 and a retired printer and was taken to Big Town Nursing Home (D) by his nephew. Newman had Parkinson’s disease, arthritis, heart trouble, a voice impairment and a hiatal hernia. He had been arrested for drunkenness and drunken driving.
The admission papers provided that Newman would not be forced to remain in the nursing home against his will for any length of time. Three days later, he decided to leave and attempted to call a taxi. Big Town’s employees prevented him from leaving by locking up his clothes and by forcibly detaining him each of the six times he tried to leave. Newman was placed in a ward for drug addicts and alcoholics and taped into a restraint chair for more than five hours. Payment of his social security checks was changed without his authorization by a doctor working for the defendant. Newman was also prevented from using the phone for almost 2 months and lost 30 pounds during his stay.
Newman finally escaped. There was never any court proceeding to confine him. Newman sued Big Town for false imprisonment and received an award for actual and exemplary damages. Big Town appealed on the grounds that the award of exemplary damages was improper in the case.
Issue
- Are exemplary damages proper for a claim of false imprisonment?
Holding and Rule of Law
- Yes. Exemplary damages are proper for a false imprisonment claim.
False imprisonment occurs when a party is prevented from leaving an area without legal justification. There is no doubt from these facts that Newman was falsely imprisoned. He was placed in a wing for drug addicts and alcoholics and was repeatedly forced to remain in the nursing home. His clothes were taken away and he was detained on six occasions for attempting to leave.
Big Town acted in utter disregard of Newman’s legal rights fully knowing that there was no court order for confinement. The admissions papers clearly indicated to Big Town that Newman had the right to leave at will. The defendant’s acts were intentional and constitute false imprisonment. An award of exemplary damages was proper.
Disposition
Plaintiff accepted remittitur and judgment affirmed.