Dupler v. Seubert

230 N.W.2d 626 (1975)

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Dupler v. Seubert

Wisconsin Supreme Court
230 N.W.2d 626 (1975)

SC
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Facts

Ethel Dupler (plaintiff) worked for Keith Peterson and Helen Seubert (defendants). At 4:30 p.m. one day, Seubert asked Dupler to come with her to Peterson’s office. Once inside the office, the door was closed. The defendants told Dupler that the company could no longer employ her. The parties then had a discussion as to whether Dupler would resign or be fired. As a result of what ensued, Dupler brought suit against the defendants for false imprisonment. At trial, Dupler testified that she had made multiple attempts to leave the room but that Peterson had yelled at her harshly to sit down and Seubert had moved to stand in front of the door. Dupler testified that she was scared to make any true effort to leave given the elevated tempers and shouting. The defendants testified that they did not raise their voices or use any threatening language or tone and did not keep Dupler in the office against her will. Dupler left the office at 6:00 p.m. The defendants testified that the meeting took so long because Dupler was attempting to convince the defendants to reconsider their decision with regards to her employment. The jury found in favor of Dupler and awarded damages of $7,500. However, the trial court gave Dupler the option of accepting $500 or a new trial on damages. Dupler did not choose a new trial, and the trial court entered judgment in Dupler's favor for $500. Dupler appealed the damages award. Among other issues on appeal, the court considered whether there was sufficient evidence supporting the jury's conclusion that Dupler was falsely imprisoned.

Rule of Law

Issue

Holding and Reasoning (Wilkie, C.J.)

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