Barrett v. Watkins

Citation. 82 A.3d 1569 (N.Y. App. Div. 2011).

Brief Fact Summary.

Plaintiffs are in a vehicle in a remote, wooded area and cannot drive away due to access road being blocked by another vehicle who refuses to move.

Synopsis of Rule of Law.

False imprisonment must include intentional conduct by the defendant for a successful claim, which may be a question of fact determined during the trial process.

Facts.

Plaintiffs drove to a remote, wooded public recreation area—after trying to leave, they were blocked by a truck which had parked in the access road. Ebert emerged from the forest and refused to move the truck. The police were eventually called to the scene and demanded Ebert and Dobrovsky move the vehicle. No charges were filed as a result of the incident.

Issue.

Whether there existed a genuine issue of fact regarding incident in which plaintiffs were restricted from leaving a remote, wooded area which would give rise to a claim of false imprisonment?

Held.

Yes, there exists genuine issues of fact regarding the incident which could give rise to a successful claim of false imprisonment.