BIG TOWN NURSING HOME, INC. V. NEWMAN
461 S.W.2d 195 (Tx. 1970)
NATURE OF THE CASE: This case is an 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 (D) by his
nephew. P had Parkinson's disease, arthritis, heart trouble, a voice impairment and a hiatal
hernia. P had been arrested for drunkenness and drunken driving. The admission papers
provided that P would not be forced to remain in the nursing home against his will for any
length of time. Three days later, P decided that he wanted to leave and attempted to call a
taxi. D's employees prevented P from leaving by locking up his clothes and by forcibly
detaining him each of the six times he tried to leave. P was placed in Ward 3 and taped into
a restraint chair for more than five hours. Ward 3 was for drug addicts and alcoholics.
Payment of his social security checks was changed without his authorization by a doctor
working for D. P was also prevented from using the phone for almost 2 months. P finally
escaped. P had lost 30 pounds during his ordeal. There was never any court proceeding to
confine P. P sued D for false imprisonment and received an award for actual and exemplary
damages. D appealed on the grounds that the award of exemplary damages was improper in the
case.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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