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Scofield v. Critical Air Medicine5/22/1996
KLEIN, P. J.
Defendants and appellants, Critical Air Medicine, Inc., Executive Air Services, Inc., Harry A. Metz, and Kenneth Malcomson (collectively Critical Air), appeal the judgment entered following a jury verdict in favor of plaintiffs and respondents Erin Scofield (Erin) and Laura Scofield (Laura), by and through their guardian ad litem, Robert Scofield (collectively, the Scofields). The jury awarded Erin and Laura $60,000 each in damages for their claims of false imprisonment.
In this fact situation involving the tort of false imprisonment, we are called upon to clarify some issues in a troublesome area of the law. We conclude false imprisonment involves an unlawful restraint or confinement which may be effected in a variety of ways, not only by force or threat of force, but also by fraud or deceit, or any other form of unreasonable duress. The tort requires knowledge of the restraint or confinement at some time, whether contemporaneous or subsequent, and resulting harm or damage.
Because the judgment is supported by substantial evidence and the controlling instruction, although general and somewhat incomplete, was correct in law, the judgment is affirmed.
FACTUAL AND PROCEDURAL BACKGROUND
1. Plaintiffs' case.
On December 29, 1990, Nancy Scofield, the mother of Erin, Laura, and David, was killed in a truck accident in Baja California, Mexico. Thirteen-year-old David was seriously injured, and eleven-year-old Erin and eight-year-old Laura suffered minor injuries. Jackie and William Dalton witnessed the accident and drove the children to the nearest medical facility in Guerrero Negro, Mexico. Robert Scofield (Scofield), Nancy's husband and the father of the children, was contacted in the Los Angeles area.
Scofield telephoned the Daltons at the clinic in Guerrero Negro, and was informed his son had suffered a head injury and was in a coma. Scofield then called several air transport services. Each of the air charter companies informed Scofield the Guerrero Negro airstrip had no lights and it would be impossible to fly the children out until the next morning. Believing his son might not live through the night, Scofield contacted the American Consulate and spoke with Kathleen List (List).
List contacted Cindy Clemment (Clemment) at the Bi-National Health Committee. Clemment called Hartsen's Ambulance Service. When Clemment was informed Guerrero Negro was approximately 600 miles south of San Diego, she determined an air transport would be necessary. Clemment told the representative of Hartsen's, who suggested Critical Air could make the transport, she " ' going to take care of it,' " and " 'if she need further assistance, [she would] call [Hartsen's] back.' "
The Bi-National Health Committee utilized the services of several air transport companies, including Schaeffer's, Air Evac and Critical Air. The usual practice was to rotate the companies as services were needed. Since Air Evac was next on the list, Clemment called that company. Clemment then telephoned Scofield and informed him that at 8:15 that evening, an "Air Evac 421 flight team" would be ready to depart from Montgomery Field in San Diego to retrieve his children. Clemment instructed him to be in San Diego at 1 o'clock the next morning when the children were scheduled to arrive.
As soon as she had finished making the arrangements, Clemment received a call from a Critical Air employee, Carlos Ayala. When Clemment told Ayala she already had arranged for Air Evac to transport the children, Ayala stated, " 'Don't bother, we're going to go pick them up. We already have the information.' " Clemment informed Ayala she was
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