Torts
Parvi v. City of Kingdom
Names of Parties: The Court: N.Y. Court of appeals Date: 1977 Cause of Action: False imprisonment Facts: Two brother where in a brawl fight in an alley behind a bar. The police noticed that they were obviously intoxicated and choose to take the (P) outside the city to dry out instead of arresting him. The police dropped the (P) off in the middle of a golf course. Within an hour of being dropped off the (P) wandered onto the state highway and was struck by a car. Differing Allegations (if any): Prior Procedural History: Trial court dismissed the case. Judgment affirmed by the Appellate division Rules: False imprisonment is not suffered unless its victim knows of the dignitary invasion. A person cannot be falsely imprisoned unless he knows of the restraint or is harmed by it.
Issues: Can a person who has no recollection of an alleged false imprisonment, can the (D) be held liable? Is it false imprisonment if the (P) cannot remember the incident? IS being taken to the middle of an obscure location false imprisonment?
Courts Decision: Court reversed the decision Reasoning: the previous court failed to recognize that at the time of the alleged imprisonment the (P) could have had consciousness. Just because he could not remember afterwards does not mean that he was conscious at the time.