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plaintiffdefendantdamagestrial

Related Cases

Slocum v. Sears Roebuck & Co., 542 So.2d 777

Facts

In 1985, Deborah Slocum had her 3 ½ month old daughter Ashley's photograph taken at a Sears photography studio. After purchasing prints, she discovered that Ashley's photograph was displayed in the studio and later in another Sears store without her consent. The parents subsequently sued Sears for damages, claiming an invasion of privacy for their child and mental anguish for themselves due to the unauthorized use of the photographs.

In 1985 Deborah Slocum, the mother of 3 ½ month old Ashley Belle Slocum, responded to an advertisement and had the child's photograph taken at the Sears photography studio in a store in Alexandria.

Issue

Did the display of the child's photograph without parental consent constitute an invasion of privacy, and could the parents recover damages for mental anguish despite the child suffering no injury?

Rule

In Louisiana, an actionable invasion of privacy occurs only when the defendant's conduct is unreasonable and seriously interferes with the plaintiff's privacy interests. The burden of proving damages lies with the plaintiff, and no recovery is allowed if no actual damage is proven.

In Louisiana, an actionable invasion of privacy occurs only when the defendant's conduct is unreasonable and seriously interferes with the plaintiff's privacy interests.

Analysis

The court determined that while there was a technical invasion of the child's privacy due to the unauthorized display of her photograph, the child did not suffer any actual damages. The court emphasized that the display was limited and promptly discontinued upon request, and the child was not identified by name. Therefore, the parents could not claim damages for mental anguish as there was no underlying injury to the child.

The court determined that while there was a technical invasion of the child's privacy due to the unauthorized display of her photograph, the child did not suffer any actual damages.

Conclusion

The court affirmed the trial court's dismissal of the case, concluding that the plaintiffs had not proven any damages.

Who won?

Sears prevailed in the case because the court found that the child suffered no damages from the invasion of privacy, and thus the parents could not recover for mental anguish.

Sears prevailed in the case because the court found that the child suffered no damages from the invasion of privacy.

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