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Noguchi v. Nakamura

Intermediate Court of Appeals

638 P.2d 1383 (1982)

Relevant factsFree

Noguchi (plaintiff) agreed to accompany her ex-boyfriend Nakamura (defendant) to the store only on the condition he drive her straight home afterward, which he initially did; but when she opened the car door to get out at home, Nakamura sped away with her still inside, and she was injured tumbling from the moving car. She sued for false imprisonment and negligence; the trial court directed a verdict for Nakamura on false imprisonment (letting negligence go to the jury, which found no negligence), and Noguchi appealed the directed verdict, while Nakamura argued her voluntary entry into the car barred any false-imprisonment claim.

IssueFree

Whether consent is a defense to a claim of false imprisonment.

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