560 P.2d 851 (Colo.App. 1977), 76--163, Enright v. Groves

Docket Nº76--163.
Citation560 P.2d 851, 39 Colo.App. 39
Opinion JudgeSMITH, Judge.
Party NameElizabeth A. ENRIGHT, Plaintiff-Appellee, v. J. A. GROVES and the City of Fort Collins, Colorado, Defendants-Appellants, and Russel Buck, Defendant.
AttorneySelected for Official Publication.,, Harden & Napheys, Charles S. Bloom, Fort Collins, for plaintiff-appellee., Yegge, Hall & Evans, Thomas N. Alfrey, Denver, for defendants-appellants. [39 Colo.App. 40] Harden & Napheys, Charles S. Bloom, Fort Collins, for plaintiff-appellee.
Judge PanelRULAND and BERMAN, JJ., concur.
Case DateFebruary 17, 1977
CourtCourt of Appeals of Colorado, Third Division

Page 851

560 P.2d 851 (Colo.App. 1977)

39 Colo.App. 39

Elizabeth A. ENRIGHT, Plaintiff-Appellee,

v.

J. A. GROVES and the City of Fort Collins, Colorado, Defendants-Appellants, and Russel Buck, Defendant.

No. 76--163.

Court of Appeals of Colorado, Third Division

February 17, 1977

Selected for Official Publication.

Page 852

[39 Colo.App. 40] Harden & Napheys, Charles S. Bloom, Fort Collins, for plaintiff-appellee.

Yegge, Hall & Evans, Thomas N. Alfrey, Denver, for defendants-appellants.

SMITH, Judge.

Defendants Groves and City of Ft. Collins appeal from judgments entered against them upon jury verdicts awarding plaintiff $500 actual damages and $1,000 exemplary damages on her claim of false imprisonment, $1,500 actual damages and $3,000 exemplary damages on her claim of intentional infliction of mental distress, also referred to as outrageous conduct, and $500 actual damages and $1,000 exemplary damages on her claim of battery. The jury returned a verdict in favor of defendant Buck on plaintiff's separate claim against him arising out of an occurrence at the police Station. No appeal has been taken relative to that verdict. Defendants contend that: (1) There was a lawful arrest; (2) the conduct of defendant Groves did not constitute the tort of outrageous conduct; and (3) the damages were excessive. The reject each contention and affirm.

The evidence at trial disclosed that on August 25, 1974, Officer Groves, while on

Page 853

duty as a uniformed police officer of the City of Fort Collins, observed a dog running loose in violation of the city's 'dog leash' ordinance. He observed the animal approaching what was later identified as the residence of Mrs. Enright, the plaintiff. As Groves approached the house, he encountered Mrs. Enright's eleven-year-old son, and asked him if the dog belonged to him. The boy replied that it was his dog, and told Groves that his mother was sitting in the car parked at the curb by the [39 Colo.App. 41] house. Groves then ordered the boy to put the dog inside the house, and turned and started walking toward the Enright vehicle.

Groves testified that he was met by Mrs. Enright with whom he was not acquainted. She asked if she could help him. Groves responded by demanding her driver's license. She replied by giving him her name and address. He again demanded her driver's license, which she declined to produce. Groves thereupon advised her that she could either produce her driver's license or go to jail. Mrs. Enright responded by asking, 'Isn't this ridiculous?' Groves thereupon grabbed one of her arms, stating, 'Let's go!'

One eyewitness testified that Mrs. Enright cried out that Groves was hurting her. Her son who was just a few feet away at the time of the incident testified that his mother also screamed and tried to explain that her arm dislocated easily. Groves refused to release her arm, and Mrs. Enright struck him in the stomach with her free hand. Groves then seized both arms and threw her to the ground. With her lying on her stomach, he brought one of her arms behind her in order to handcuff her. She continued to scream in pain and...

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