By reader acclaim: “Nude Photos on Lost Cell Phone Lead to Suit”

by Walter Olson on November 23, 2008

“Here’s some food for thought: If you have nude photos of your wife on your cell phone, hang onto it. Phillip Sherman of Arkansas learned that lesson after he left his phone behind at a McDonald’s restaurant and the photos ended up online.” Sherman says restaurant employees had promised to secure the phone until he returned to pick it up; the story does not make clear (assuming it is known at all) how or by whom the pictures were posted. He and Tina Sherman are now suing the restaurant for damages that include the cost of moving to a new house, saying that she received threatening and harassing text and voice messages related to the pictures. (AP, Nov. 23; Northwest Arkansas Times).

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{ 3 comments }

1 Norman Teigen 11.23.08 at 6:43 pm

I would think that it would be hard to win such a case. The couple would have to prove that McDonald’s had an obligation to protect their privacy. Secondly, the couple would have to prove that McDonald’s had a RESPONDEAT SUPERIOR obligation (if they could even prove that an employee had actually done the dirty work). How could damages be actually proved? I am a former claims adjuster and do not claim to know much more than this.

2 Shriram V 11.23.08 at 7:21 pm

I agree. Also it could be a scam from the couple itself. Leave a cell phone. Claim its lost and photos on the web.
Or
how do we know he himself didnt upload the photos first and “lose” his cell phone later?

Hard to prove case.

3 matt 11.23.08 at 10:08 pm

you know if i had nude photos of any woman i knew (much less wife or girlfriend) i wouldnt trrust someone i didnt know with my phone (now where the link to the nude pics i need to examine the evidence) lol

p.s. someone had to do that joke

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