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Keywords

tortappeal

Related Cases

Shulman v. Group W Productions, Inc., 18 Cal.4th 200, 955 P.2d 469, 74 Cal.Rptr.2d 843, 26 Media L. Rep. 1737, 98 Cal. Daily Op. Serv. 4105, 98 Cal. Daily Op. Serv. 5985, 98 Daily Journal D.A.R. 5679

Facts

On June 24, 1990, Ruth and Wayne Shulman were injured in a car accident on a public highway. A rescue helicopter crew, accompanied by a video camera operator from Group W Productions, filmed the rescue operation, including private conversations between Ruth and the flight nurse. The footage was later broadcast on a documentary television show without the Shulmans' consent, leading them to sue for invasion of privacy.

Issue

Did the television producers invade the Shulmans' privacy by filming and broadcasting their rescue without consent, and were the events depicted in the broadcast newsworthy?

Rule

The court applied the legal principles regarding invasion of privacy, specifically the torts of public disclosure of private facts and intrusion into private places, balancing the right to privacy against the First Amendment rights of the press.

Analysis

The court found that while the events at the accident scene were public and thus not private, the Shulmans had a reasonable expectation of privacy during their medical treatment in the helicopter. The court determined that the filming of Ruth's conversations with medical personnel could be considered an intrusion, as it involved private communications made without her consent.

The court found that while the events at the accident scene were public and thus not private, the Shulmans had a reasonable expectation of privacy during their medical treatment in the helicopter.

Conclusion

The California Supreme Court affirmed in part and reversed in part the Court of Appeal's decision, holding that the broadcast was newsworthy as a matter of law, but that there were triable issues regarding the intrusion claim.

Who won?

The television producers prevailed on the public disclosure claim, as the court found the broadcast was newsworthy. However, the court allowed the intrusion claim to proceed, indicating that the Shulmans had a reasonable expectation of privacy during their medical treatment.

The television producers prevailed on the public disclosure claim, as the court found the broadcast was newsworthy.

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Keywords

Related Cases

Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541, 257 P.3d 1130, 129 Cal.Rptr.3d 325, 76 Cal. Comp. Cases 1147, 11 Cal. Daily Op. Serv. 10,525, 2011 Daily Journal D.A.R. 12,533

Zaldivar v. Prickett, 297 Ga. 589, 774 S.E.2d 688

Broadnax v. Gonzalez, 2 N.Y.3d 148, 809 N.E.2d 645, 777 N.Y.S.2d 416, 2004 N.Y. Slip Op. 02426

Jordan v. Deery, 609 N.E.2d 1104

Tiller v. McLure, 121 S.W.3d 709, 46 Tex. Sup. Ct. J. 632