Questioninggeller
Illuminator
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- May 11, 2002
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82 F.Supp.2d 702
Linda Marie MINEER, etc., Plaintiff,
v.
Montel WILLIAMS, et al, Defendants.
No. Civ.A. 99-187.
United States District Court, E.D. Kentucky, at Covington.
February 3, 2000.
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OPINION & ORDER
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This matter is before the court on the motion of defendants to dismiss. Inasmuch as statements at the hearing were considered, the motion will be treated as one for summary judgment as well. FED. R.CIV.P. 12(b). Since the cause of action for invasion of privacy does not survive after death and the requisite elements for intentional infliction of emotional distress are absent, the motion must be granted and the complaint dismissed.
FACTS
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Nearly a year later, on September 24, 1998, the Montel Williams Show — a national talk show — featured the psychic Sylvia Browne. This psychic appeared on the show to use her abilities and powers to assist the show's guests in obtaining information regarding their loved ones who were either dead or missing. Erica Fraysure's mother, Maggie Doherty, was one of the guests. After a video segment regarding the background of Erica's disappearance, the psychic and Ms. Doherty exchanged questions and answers concerning Erica. The psychic identified Erica's murderer as a man who at the time of the show was in prison.1
Thereafter, Ms. Doherty asked if anyone knew any information about the murder. The psychic answered affirmatively. In response to Ms. Doherty's question "What is this person's name?", the psychic said "Chris." Someone involved with the production of the Montel Williams Show made the decision to edit the sound so that the name of "Chris" could not be heard. However, according to plaintiffs anyone watching the show could discern that the name was "Chris" by watching a close-up of the psychic.
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A few months later, in January of 1999, Ms. Browne was again the featured guest of the Montel Williams Show. During the broadcast, Montel Williams and Ms. Browne implied that Chris Mineer was determined to be responsible for the disappearance and presumed death of Erica Fraysure. Montel Williams made the following comments to exemplify the telepathic powers of Ms. Browne:
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See preview of court decision (Requires payment for the full copy)
JUDGE DROPS SUIT OVER 'MONTEL' SHOW.
From: The Kentucky Post (Covington, KY)
January 15, 2000
A federal judge on Friday dismissed a lawsuit that claimed syndicated television talk show host Montel Williams invaded the privacy of a man who shot and killed his girlfriend and then committed suicide in 1998.
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Source
SUIT ENDS AGAINST TV SHOW JUDGE RULES AGAINST MOTHER; NO APPEAL.
The Kentucky Post (Covington, KY)
February 21, 2000
The mother of a Brooksville man who committed suicide two years ago has decided not to appeal a judge's ruling that dismissed her lawsuit against talk show host Montel Williams.
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Source
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