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Torts Keyed to Duncan
Big Town Nursing Home, Inc. v. Newman
Citation:
461 S.W.2d 195 (Tex. Civ. App. 1970)Facts
Mr. Newman suffered from multiple physical limitations, including a speech impediment and arthritis. He was admitted to defendant nursing home at the age of 67 by his nephew. During the admission process, the nursing home told Mr. Newman that he would not be kept against his will. After about two weeks at the facility, Mr. Newman attempted to phone a taxi in order to leave the facility, but was told he could not used the phone. Later he tried to leave on foot, but was captured by nursing home employees and physically restrained. Mr. Newman was locked up in wing three of the nursing home, the part of the facility reserved for senile and mentally disturbed patients. After several attempts to escape wing three and each time being physically restrained in a chair for several hours, Mr. Newman finally escaped via taxi and left the facility. This entire ordeal caused Mr. Newman to suffer physically and lose 30 pounds.
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Topic Resources
Topic Outline
Intentional Torts