DANA V. OAK PARK MARINA, INC. 660 N.Y.S.2d 906 (1997) CASE BRIEF

DANA V. OAK PARK MARINA, INC.

660 N.Y.S.2d 906 (1997)

NATURE OF THE CASE: Oak (Ds), corporation, its officers, and operators of its marina, appealed an order, which denied their motion to dismiss plaintiff Dana's (P) causes of action for negligent infliction of emotional distress by failing to ensure the privacy of patrons using the ladies' rest room.

FACTS: D owns and operates a marina. There is an office area where employees, including lifeguards, are allowed to change. It also includes men's and ladies' rest rooms for use by marina patrons and their guests. The rest rooms include a changing area, shower facilities and toilets. D installed a video surveillance camera in each of the rest rooms purportedly for the purpose of detecting and curbing vandalism. The following year the corporation installed two video surveillance cameras in the office area purportedly for the purpose of detecting theft of marina property. P used the ladies changing room and restroom. P's amended complaint alleges that D videotaped about 150 to 200 female patrons and guests in various stages of undress without their knowledge or consent; that the videotapes were viewed by d and others; and that the tapes were displayed to others for purposes of trade. P asserts causes of action for negligence in inflicting severe mental and emotional distress by failing to ensure the privacy of patrons and guests utilizing the ladies' rest room, reckless infliction of emotional distress, and sex discrimination. In part Ds motioned to dismiss the cause of action for reckless infliction of emotional distress.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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