Lake V. Wal-Mart Case Study
LAKE v. WAL-MART STORES, INC., 582 N.W.2d. 231 (Minn. 1998)
FACTS
The Plaintiff’s, 19-year-old Elli Lake and 20-year-old Melissa Weber were photographed nude, by Weber’s sister, when they were showering together while on vacation in Mexico. Upon return from their vacation, Lake and Weber brought their vacation film to Wal-Mart’s photo lab for developing. When they picked up their developed photos, there was a note from Wal-Mart enclosed with the photos and negatives stating that one or more photos had not been printed due to the nature of the photo. Through friends and acquaintances, Lake and Weber’s had learned a Wal-Mart employee had been sharing a copy of their nude photo, and were later informed a copy or copies of the photograph continued circulate through their community. …show more content…
Allegations, which Walmart denied, and made a motion to dismiss the complaint for failure to state a claim upon which relief may be granted. Because the four invasion of privacy torts are not recognized in Minnesota, Wal-Mart’s motion to dismiss was granted by the district court, and the court of appeals affirmed.
ISSUES
1. Whether right to privacy exists in the common law of Minnesota and should it recognize any or all of the invasion of privacy causes for intrusion upon seclusion, appropriation, publication of private facts, and false light publicity violating Lakes and Weber’s privacy?
2. Whether the circulating nude photos is actionable under false light publicity and included as an invasion in the right to privacy?
FACTS
The Plaintiff’s, 19-year-old Elli Lake and 20-year-old Melissa Weber were photographed nude, by Weber’s sister, when they were showering together while on vacation in Mexico. Upon return from their vacation, Lake and Weber brought their vacation film to Wal-Mart’s photo lab for developing. When they picked up their developed photos, there was a note from Wal-Mart enclosed with the photos and negatives stating that one or more photos had not been printed due to the nature of the photo. Through friends and acquaintances, Lake and Weber’s had learned a Wal-Mart employee had been sharing a copy of their nude photo, and were later informed a copy or copies of the photograph continued circulate through their community. …show more content…
Allegations, which Walmart denied, and made a motion to dismiss the complaint for failure to state a claim upon which relief may be granted. Because the four invasion of privacy torts are not recognized in Minnesota, Wal-Mart’s motion to dismiss was granted by the district court, and the court of appeals affirmed.
ISSUES
1. Whether right to privacy exists in the common law of Minnesota and should it recognize any or all of the invasion of privacy causes for intrusion upon seclusion, appropriation, publication of private facts, and false light publicity violating Lakes and Weber’s privacy?
2. Whether the circulating nude photos is actionable under false light publicity and included as an invasion in the right to privacy?