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Community Forum · Est. 2006
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#991
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05-27-2012, 02:33 PM
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Re: Nicole Catsouras 'Nikki' Lost Control of Porsche, Hits Toll Booth Gory Pictures
Admins: I would be careful about these pics -- either hosting or linking. May be a legal target: "On February 1, 2010, it was reported that the California Court of Appeal for the Fourth District had reversed Judge Perk's grant of summary judgment, and instead ruled that the Catsouras family did have the right to sue the defendants for negligence and intentional infliction of emotional distress. Calling the actions of O'Donnell and Reich "vulgar" and "morally deficient", the court stated: "We rely upon the CHP to protect and serve the public. It is antithetical to that expectation for the CHP to inflict harm upon us by making the ravaged remains of our loved ones the subject of Internet sensationalism... O'Donnell and Reich owed the plaintiffs a duty not to exploit CHP-acquired evidence in such a manner as to place them at foreseeable risk of grave emotional distress."[5][6] On May 25, 2011, the California Court of Appeal for the Fourth District ruled that Aaron Reich failed to prove that e-mailing the photographs is covered by the First Amendment. Reich claimed that he e-mailed the photographs as a caution about the dangers of drunk driving because he e-mailed the pictures with an anti drunk driving message, despite Catsouras' postmortem examination revealing a blood alcohol content of zero. The three justice panel which reviewed Reich's appeal wrote "Any editorial comments that Reich may have made with respect to the photographs are not before us. In short, there is no evidence at this point that the e-mails were sent to communicate on the topic of drunk driving." The justices questioned whether the recipients still retained the e-mails, but Reich's attorney conceded that they had not investigated this.[7] On January 30, 2012, the CHP reached a settlement with the Catsouras family, under which the family received around $2.37 million in damages. CHP spokeswoman Fran Clader commented: "No amount of money can compensate for the pain the Catsouras family has suffered. We have reached a resolution with the family to save substantial costs of continued litigation and a jury trial. It is our hope that with this legal issue resolved, the Catsouras family can receive some closure."[8] [edit] |
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#994
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05-28-2012, 01:51 AM
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Re: Nicole Catsouras 'Nikki' Lost Control of Porsche, Hits Toll Booth Gory Pictures
No. Suing the government agency that leaked the photos in the first place is a very far cry from suing websites that host or display them. Not even the same ballpark. |
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#995
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05-28-2012, 02:30 AM
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Re: Nicole Catsouras 'Nikki' Lost Control of Porsche, Hits Toll Booth Gory Pictures
I live right in this area. Actually, I drove on that toll road this weekend! Last year this girl in one of my classes, a high schooler had a brand new porsche that her dad bought her. She always reminded me of this
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