Big Town Nursing Home, Inc. v. Newman
Court of Civil Appeals of Texas 1970
P40
- Newman was a retired printer of 67 years of age. Single and sickly (Parkinson’s disease, arthritis heart trouble, voice impediment, and a hiatal hernia.)
- Newman has never been in a mental hospital or treated by a psychiatrist
- Newman had been treated twice for alcoholism, but his last arrest for drunkenness was in 1966.
- Sept 19, 1968, the Newman was brought to the nursing home.
- The Admission papers provided that the patient “will not be forced to remain in the nursing home against his will for any length of time.”
- Newman was not advised he would be kept at the nursing home against his will
- There was never any court proceeding to have him kept against his will
- On Set 22, 1968, Newman decided he wanted to leave and phoned for a taxi
- The nursing home’s employees advised Newman he couldn’t use phone or have visitors that the manager didn’t know
- They also locked Newman ‘s grip (traveling bag) and clothes up
- Newman walked out of the home but the nursing home’s employees caught up and brought him back forcefully
- The nursing home’s employees then brought Newman to Wing 3 of the home, which contained drug addicts, mental disturbed, alcoholics, and similar tragic cases
- Newman tried to escape 5 or 6 times and each time was caught and forcefully returned to Wing 3
- Newman was strapped into a restraint chair for upwards of 5 hours a time as punishment
- Newman was not seen by the home doctor some 10 days after being admitted and not for a week after being placed in Wing 3
- Finally, on Nov 11, 1968, Newman escaped and caught a ride to Dallas, where he called a taxi and was taken to the home of a friend.
- During this 51-day ordeal Newman lost 30 pounds
- Newman sues the hell out of them