Fojtik v. Charter Medical Corp.
Texas Court of Appeals
985 S.W.2d 625 (1999)
- Written by Jamie Milne, JD
Facts
After an intervention by family, friends, and employees of Charter Medical Corporation (Charter) (defendant), Felix Fojtik (plaintiff) entered in-patient treatment for alcoholism at Charter’s facility. Fojtik was a 45-year-old businessman. Although he technically entered treatment voluntarily, he was told during the intervention that he would otherwise be legally committed and brought to Charter in handcuffs. Once at Charter, Fojtik asked to leave on temporary passes. Initially, passes were denied because Fojtik had not been in treatment long enough. Later, Fojtik was given passes for a few hours at a time. Fojtik always returned to Charter, hoping that compliance with Charter’s policies would lead to release. At no time did Fojtik ask to leave the facility permanently. Additionally, Charter’s front doors were unlocked, and Charter’s policy was to allow patients to leave if they insisted. Fojtik complained, however, that he was effectively locked up and that Charter personnel called him an alcoholic and treated him as such, undermining his will to leave. Fojtik filed a tort suit against Charter for false imprisonment. Charter moved for summary judgment, arguing that Fojtik was always free to leave, negating imprisonment. The trial court granted Charter’s motion. Fojtik appealed.
Rule of Law
Issue
Holding and Reasoning (Chavez, J.)
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