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plaintiffdefendantdamagesattorneymotion

plaintiffdefendantdamagesattorney

Related Cases

Lucas v. Ludwig, 313 So.2d 12

Facts

The plaintiff, Mrs. Geneva Beard, rented an apartment to the defendant, Ludwig, on a month-to-month basis. After Ludwig failed to pay rent and indicated her intention to move, the plaintiff entered the apartment and took possession of some of Ludwig's personal property. Ludwig, with the assistance of her attorney, LaBorde, sought to retrieve her belongings and involved the police, leading to an unwarranted intrusion into the plaintiff's home. The plaintiff claimed emotional distress as a result of this incident.

Issue

Did the actions of the former tenant and her attorney in soliciting police intervention constitute an invasion of the landlord's right to privacy?

Rule

An actionable invasion of privacy does not require malicious intent, and the right to privacy includes the right to be let alone and prohibits unwarranted intrusion into a person's private affairs.

Analysis

The court determined that the actions of Ludwig and LaBorde were improper and unreasonable, as they invoked police presence at the landlord's home without just cause. The police were not merely investigating a routine matter but were brought in under circumstances that violated the landlord's privacy. The court emphasized that the attorney's role should have been to advise against such unreasonable conduct.

The court determined that the actions of Ludwig and LaBorde were improper and unreasonable, as they invoked police presence at the landlord's home without just cause.

Conclusion

The court reversed the district court's dismissal and ruled in favor of the plaintiff, awarding her $500 in damages for the invasion of her privacy.

Who won?

Mrs. Geneva Beard prevailed in the case because the court found that the defendants' actions constituted an unreasonable invasion of her privacy.

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