CRUMP V. BECKLEY NEWSPAPERS, INC. 320 S.E.2d 70 (1983) CASE BRIEF

CRUMP V. BECKLEY NEWSPAPERS, INC.

320 S.E.2d 70 (1983)

NATURE OF THE CASE: Crump (P) appealed a summary judgment which found that Beckley's (D) unauthorized publication of P's photograph in its newspaper did not constitute libel as a matter of law.

FACTS: D published an article in one of its newspapers concerning women coal miners. Photographs of P, a miner were taken with her knowledge and consent, were used by D in conjunction with the article. After publication P had no contact with D, and D did not request permission to use her picture or name in any other newspaper article. A few years later D printed another article. This article generally addressed some of the problems faced by women miners, and by women who desire employment in the mining industry. The article related incidents in which two Kentucky women were ''stripped, greased and sent out of the mine' as part of an initiation rite'; in which a woman miner in southwestern Virginia was physically attacked twice while underground; and in which one Wyoming woman 'was dangled off a 200-foot water tower accompanied by the suggestion that she quit her job. She did.' The article also discussed other types of harassment and discrimination faced by women miners. P's name was not mentioned in the article but a picture taken by D in 1977 was used, accompanied by a caption which read, 'Women are entering mines as a regular course of action.' P alleges that she was questioned by friends and acquaintances over whether she had been the subject of any harassment by her employer or by fellow employees. She had, in fact, experienced no such harassment. P alleges a great deal of embarrassment and humiliation. After P complained to D, D offered to print a story prepared by P, print a letter to the editor or publish a clarification. P declined hoping to keep her standing with your ex-employer hoping to resume employment when it became available again. P sued D for defamation and invasion of privacy. The trial court granted summary judgment to D. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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