IRAC Beachum v. White
Intro to Legal Environment
Beachum v. White
The West Virginia Record
Background Facts:
Leetta Beachum is the mother of Shana Cowley. Shana Cowley died from internal injuries on September 14, 2009. Injuries were sustained from leaping out of a moving vehicle. Timothy White was the boyfriend of Shana Cowley and the driver at the time when Cowley jumped from the moving vehicle. An altercation broke out between White and Cowley earlier that day, it continued when White picked up Cowley and then escalated when White told Cowley he was taking her home. Once Cowley learned of White’s intended destination she threatened to jump out of the vehicle, White said he was not going to pull over to let her out because he did not feel right about leaving her by the side of the road and Cowley immediately exited the vehicle. Beachum filed a complaint in the Kanawha County circuit court on September 14, 2009 stating White was at fault for her daughter’s death on the grounds that he (white) falsely imprisoned Cowley and subsequently caused her death.
Issue:
Did White falsely imprison Cowley?
Rule:
False Imprisonment interferes with the freedom to move without restraint. The confinement can be accomplished through the use of physical barriers, physical restraint, or threats of physical force. (Miller, Cross, Business Law: Alternative Edition. 12th ed. South-Western, Cengage Learning, 2013, 2010.)
Application:
Cowley placed herself in White’s car and the court made the note that “false imprisonment is illegal detention of a person without lawful process”. With that being said it was clear that White was not at fault for Cowley’s death because it was only after they were in the car and Cowley learned where White was taking her that she wanted him to let her out. Since White could not in good conscious leave his girlfriend by the side of the road, he did not stop to let her out.
Conclusion:
Because Cowley got into the car of her own free will, White was not
Beachum v. White
The West Virginia Record
Background Facts:
Leetta Beachum is the mother of Shana Cowley. Shana Cowley died from internal injuries on September 14, 2009. Injuries were sustained from leaping out of a moving vehicle. Timothy White was the boyfriend of Shana Cowley and the driver at the time when Cowley jumped from the moving vehicle. An altercation broke out between White and Cowley earlier that day, it continued when White picked up Cowley and then escalated when White told Cowley he was taking her home. Once Cowley learned of White’s intended destination she threatened to jump out of the vehicle, White said he was not going to pull over to let her out because he did not feel right about leaving her by the side of the road and Cowley immediately exited the vehicle. Beachum filed a complaint in the Kanawha County circuit court on September 14, 2009 stating White was at fault for her daughter’s death on the grounds that he (white) falsely imprisoned Cowley and subsequently caused her death.
Issue:
Did White falsely imprison Cowley?
Rule:
False Imprisonment interferes with the freedom to move without restraint. The confinement can be accomplished through the use of physical barriers, physical restraint, or threats of physical force. (Miller, Cross, Business Law: Alternative Edition. 12th ed. South-Western, Cengage Learning, 2013, 2010.)
Application:
Cowley placed herself in White’s car and the court made the note that “false imprisonment is illegal detention of a person without lawful process”. With that being said it was clear that White was not at fault for Cowley’s death because it was only after they were in the car and Cowley learned where White was taking her that she wanted him to let her out. Since White could not in good conscious leave his girlfriend by the side of the road, he did not stop to let her out.
Conclusion:
Because Cowley got into the car of her own free will, White was not