Big Town Nursing Home v. Newman case brief summary
F: P was taken to D by his nephew who signed the admission papers, which states that patient will not be forced to remain in the nursing home against his will for any length of time, but P was not advised he would be kept at the nursing home against his will. D placed with insane persons, alcoholics knowing he was not in such category; punished P by locking and taping him in the restraint chair; prevented him from using the telephone; lock up his clothes; told him he could not be released until he began to obey the rules; and detained him for certain period.
F: P was taken to D by his nephew who signed the admission papers, which states that patient will not be forced to remain in the nursing home against his will for any length of time, but P was not advised he would be kept at the nursing home against his will. D placed with insane persons, alcoholics knowing he was not in such category; punished P by locking and taping him in the restraint chair; prevented him from using the telephone; lock up his clothes; told him he could not be released until he began to obey the rules; and detained him for certain period.
I: Whether D’s treatment without P’s prior consent can be deemed as a establishing the false imprisonment.
[No indication of intent, no evidence anyone know that he should be confined. Corporation had a knowledge that the man should not be improsoned, nevertheless they prisoned him. In order for corporation to have intent, some one employee One employee (pressing button) + one employee( toxic) à difficult to combine as a corporation to have an intent for torts.]
R: D is liable for FI when D has prevented P from leaving a certain limited area w/o legal justification.
C: Affirmed
[No indication of intent, no evidence anyone know that he should be confined. Corporation had a knowledge that the man should not be improsoned, nevertheless they prisoned him. In order for corporation to have intent, some one employee One employee (pressing button) + one employee( toxic) à difficult to combine as a corporation to have an intent for torts.]
R: D is liable for FI when D has prevented P from leaving a certain limited area w/o legal justification.
C: Affirmed
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