Marcus v. Liebman

This is an action for false imprisonment by a patient against a psychiatrist. The cause proceeded to trial before a jury and at the close of plaintiff’s case, the trial court, pursuant to defendant’s motion, entered a directed verdict in defendant’s favor. After denial of her post-trial motion, plaintiff filed this appeal.

On appeal the plaintiff contends that the trial court incorrectly entered a directed verdict for the defendant because there was a question of fact for the jury to resolve.

We reverse and remand.

Plaintiff testified that in July of 1970 she was having difficulty sleeping, was…