Noguchi v. Nakamura

638 P.2d 1383 (1982)

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Nature of the Case

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Facts

P and D had been girlfriend and boyfriend. P decided to break it off. D came to see P and asked her to go with him on a date that evening. She refused. He asked her to at least go to the store with him and she consented on the condition, which he agreed to, that he would bring her right back. P entered D's car and they proceeded to the store and returned, stopping in front of her house. P was seated in the car with the car door open when D suddenly drove off. P was pushed or jumped from the car, sustaining injuries. P sued for false imprisonment and negligence. The court directed a verdict for D on the false imprisonment action. The jury determined that D was not negligent. P appealed. D contends that because P originally entered the car voluntarily, some threat against her to prevent her leaving must have been made or she was at least under an obligation when the car was stopped in front of her parents' home to express a refusal to go further.