Barrett v. Watkins

82 A.D.3d 1569 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P drove to a remote, wooded public recreation area. When they attempted to leave, they discovered that the access road was blocked by an unoccupied truck. Fifteen minutes later, Wade Ebert, emerged and refused to move the truck. Ebert then called Dubrovsky (D), whose company, Woodstone Lakes Development, LLC (D), owned the land adjacent to the recreational area. Dubrovsky (D) arrived 40 minutes later, told Ps that they did not belong there and stated that he did not care if they had to sit there all night. Dubrovsky (D) and Ebert left leaving Ps behind. The police, who were called earlier by both parties, eventually arrived with Dubrovsky (D) and resolved the incident by instructing that the truck be moved. No charges were brought against any party as a result of this incident. Ps sued Ds alleging in part unlawful imprisonment. The court granted Ds’ motion for summary judgment and Ps appealed.