Miller v. National Broadcasting Co.: Difference between revisions
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{{short description|US tort law case}} |
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{{one source|date=April 2022}} |
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{{Infobox court case |
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|name = Miller v. National Broadcasting Co. |
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|court = [[California Court of Appeals]] |
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|image = Great Seal of California.svg |
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|caption = |
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|full name = Brownie Miller et al., Plaintiffs and Appellants, v. National Broadcasting Company et al., Defendants and Respondents. |
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|date decided = {{start date|1986|12|18}} |
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|citations = 187 Cal. App. 3d 1463; 232 Cal.Rptr. 668 |
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|judges = [[Vaino Spencer]], Lloyd Hanson, Gilbert Ruiz{{efn|Filling vacancy}} |
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|number of judges = 3 |
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|decision by = Hanson |
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==Background== |
==Background== |
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On October 30, 1979 an [[NBC]] camera crew was following a group of [[Los Angeles Fire Department]] firefighters and [[paramedics]]. A call came in about a man having a [[heart attack]]. The camera crew and the paramedics rushed to the home of Brownie and Dave Miller. The camera crew, without consent from anyone, rushed into the house with the paramedics and taped footage of Mr. Dave Miller having what would be a fatal heart attack. The crew later that night would put the footage on the air, also without consent. Brownie Miller filed suit against NBC, Ruben Norte (a producer for NBC) and the city of [[Los Angeles]] for trespass, invasion of privacy and infliction of emotional distress. |
On October 30, 1979, an [[NBC]] camera crew was following a group of [[Los Angeles Fire Department]] firefighters and [[paramedics]]. A call came in about a man having a [[heart attack]]. The camera crew and the paramedics rushed to the home of Brownie and Dave Miller. The camera crew, without consent from anyone, rushed into the house with the paramedics and taped footage of Mr. Dave Miller having what would be a fatal heart attack. The crew later that night would put the footage on the air, also without consent. Brownie Miller filed suit against NBC, Ruben Norte (a producer for NBC) and the city of [[Los Angeles]] for trespass, invasion of privacy and infliction of emotional distress.<ref name="loyola">{{bluebook journal|last=Houret|first=Michelle|title=Warning to the Press: Knock before Entering|url=https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1140&context=elr|year=1988|journal=Loyola of Los Angeles Entertainment Law Review|volume=8|page=201}}</ref> |
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==Legal Issue== |
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Does the media, even though they obtain consent from the group they are following (Police, firefighters, paramedics, etc.) have the same access privileges as the police of paramedics do if they are following them on scene? |
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==Decision== |
==Decision== |
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| ⚫ | The Court of Appeals ruled ultimately in favor of the plaintiff, reversing the District Court's summary judgement. In an opinion written by Justice Lloyd Hanson, the court determined that the media does not have the same access privileges to a private property as emergency responders, even if the media obtained consent to follow the emergency responders.<ref name="loyola"/> Hanson wrote, "One seeking emergency medical attention does not thereby "open the door" for persons without any clearly identifiable and justifiable official reason who may wish to enter the premises where the medical aid is being administered ... the clear line of demarcation between the public interest served by public officials and that served by private business must not be obscured." |
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The Court ruled, ultimately, in favor of the plaintiff on the charges of Invasion of Privacy and infliction of Emotional Distress. |
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==Notes== |
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{{notelist}} |
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==References== |
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{{reflist}} |
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Reversed- The [[California Courts of Appeal]] reversed the summary judgment of the District Court in favor of the defendants and ruled in favor of Brownie Miller. |
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==External links== |
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{{caselaw source |
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| case= ''Miller v. National Broadcasting Co.'' |
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| courtlistener= https://www.courtlistener.com/opinion/2161795/miller-v-national-broadcasting-co/ |
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| justia= https://law.justia.com/cases/california/court-of-appeal/3d/187/1463.html |
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| googlescholar= https://scholar.google.com/scholar_case?case=15235283187447813151 |
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| vlex= https://case-law.vlex.com/vid/187-cal-app-3d-609502866 |
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}} |
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{{United States tort case law}} |
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[[Category:United States tort case law]] |
[[Category:United States tort case law]] |
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[[Category:1986 in United States case law]] |
[[Category:1986 in United States case law]] |
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[[Category:NBC]] |
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[[Category:California state case law]] |
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[[Category:1986 in California]] |
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{{US-case-law-stub}} |
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Latest revision as of 21:11, 15 January 2024
 | This article relies largely or entirely on a single source. (April 2022) |
| Miller v. National Broadcasting Co. | |
|---|---|
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| Court | California Court of Appeals |
| Full case name | Brownie Miller et al., Plaintiffs and Appellants, v. National Broadcasting Company et al., Defendants and Respondents. |
| Decided | December 18, 1986 |
| Citation | 187 Cal. App. 3d 1463; 232 Cal.Rptr. 668 |
| Court membership | |
| Judges sitting | Vaino Spencer, Lloyd Hanson, Gilbert Ruiz[a] |
| Case opinions | |
| Decision by | Hanson |
Miller v. National Broadcasting Co. 232 Cal. Rptr 668 (1986) is a US tort law case on negligent infliction of emotional distress.
Background
[edit]On October 30, 1979, an NBC camera crew was following a group of Los Angeles Fire Department firefighters and paramedics. A call came in about a man having a heart attack. The camera crew and the paramedics rushed to the home of Brownie and Dave Miller. The camera crew, without consent from anyone, rushed into the house with the paramedics and taped footage of Mr. Dave Miller having what would be a fatal heart attack. The crew later that night would put the footage on the air, also without consent. Brownie Miller filed suit against NBC, Ruben Norte (a producer for NBC) and the city of Los Angeles for trespass, invasion of privacy and infliction of emotional distress.[1]
Decision
[edit]The Court of Appeals ruled ultimately in favor of the plaintiff, reversing the District Court's summary judgement. In an opinion written by Justice Lloyd Hanson, the court determined that the media does not have the same access privileges to a private property as emergency responders, even if the media obtained consent to follow the emergency responders.[1] Hanson wrote, "One seeking emergency medical attention does not thereby "open the door" for persons without any clearly identifiable and justifiable official reason who may wish to enter the premises where the medical aid is being administered ... the clear line of demarcation between the public interest served by public officials and that served by private business must not be obscured."
Notes
[edit]- ^ Filling vacancy
References
[edit]- ^ a b Michelle Houret, Warning to the Press: Knock before Entering, 8 Loyola of Los Angeles Entertainment Law Review 201 (1988).
External links
[edit]Text of Miller v. National Broadcasting Co. is available from: CourtListener Google Scholar Justia vLex
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