BORING V. GOOGLE, INC.
362 Fed.Appx. 273 (3rd Cir. 2010)
NATURE OF THE CASE: Boring (P) appealed from the dismissal of their complaint against
Google (D) asserting claims for invasion of privacy, trespass, injunctive relief,
negligence, and unjust enrichment.
FACTS: Ps sued D for invasion of privacy, trespass, injunctive relief, negligence, and
conversion. Ps sought compensatory, incidental, and consequential damages in excess of
$25,000 for each claim, plus punitive damages and attorney's fees. In D's 'Street View'
program, a feature on Google Maps, D offers free access on the Internet to panoramic,
navigable views of streets in and around major cities across the United States. To create
the program, representatives of D attach panoramic digital cameras to passenger cars and
drive around cities photographing the areas along the street. According to D, this is done
on public roads. Ps live on a private road in Pittsburgh, and discovered that D had taken
'colored imagery of their residence, including the swimming pool, from a vehicle in their
residence driveway months earlier without obtaining any privacy waiver or authorization.' Ps
allege that their road is clearly marked with a 'Private Road, No Trespassing' sign. D filed
a motion to dismiss. The District Court granted D's motion to dismiss as to all of the
claims. P was unable to show in the invasion of privacy claim that D's conduct was highly
offensive to a person of ordinary sensibilities. It dismissed the negligence claim because
it found that D did not owe a duty to Ps. The trespass claim was dismissed because Ps could
not show damages. The unjust enrichment claim was dismissed because the parties had no
relationship that could be construed as contractual and Ps did not confer anything of value
upon D. Ps eventually appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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