Fojtik v. Charter Medical Corp.

985 S.W.2d 625 · Texas Court of Appeals, 13th District · 1999

Facts

Felix Fojtik was admitted to a Charter hospital for alcoholism after an "intervention" by family, friends, and Charter staff. Fojtik stated he admitted himself voluntarily because he was told that if he did not, he would be committed and brought in wearing handcuffs. While at the hospital, Fojtik expressed anger, refused to be photographed, and initially had requests for "passes" to leave denied. He felt "locked up" but later received passes and always returned voluntarily. Charter maintained Fojtik was free to leave at any time and had consented to inpatient treatment.

Procedural history

Felix Fojtik brought a false imprisonment cause of action against Charter Medical Corporation. The trial court entered a take-nothing summary judgment against Fojtik. Fojtik appealed this summary judgment, arguing that issues of material fact existed. The appellate court affirmed the judgment of the trial court.

Issue

Did the trial court err in granting summary judgment to Charter Medical Corporation because issues of material fact existed regarding whether Fojtik was falsely imprisoned?

Holding

No, the trial court did not err. The court affirmed the summary judgment in favor of Charter, concluding that Fojtik was not falsely imprisoned.

Rule

The elements of false imprisonment are: (1) willful detention by the defendant, (2) without consent of the detainee, and (3) without authority of law. Detention can be by violence, threats, or other means that restrain a person. Threats must inspire a "just fear of injury to his person, reputation, or property," and threats to call the police are not ordinarily sufficient alone. Factors like relative size, age, experience, sex, and physical demeanor are considered. The issue is whether the plaintiff had a "just fear" of injury, not their subjective interpretation of the situation.

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