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Torts
Negligence
Infliction of Emotional Distress

Lesli Catsouras, Christos Catsouras v. Thomas O'Donnell, Aaron Reich, et al.

Published: May 24, 2008 | Result Date: Mar. 21, 2008 | Filing Date: Jan. 1, 1900 |

Bench Decision –  Dismissal

Court

Orange Superior


Attorneys

Plaintiff

Tyler D. Offenhauser
(Bremer, Whyte, Brown & O'Meara LLP)

Keith G. Bremer
(Bremer, Whyte, Brown & O'Meara LLP)


Defendant

Alexander R. Wheeler
(Parris Law Firm)

R. Rex Parris
(Parris Law)

Jon R. Schlueter


Facts

On Oct. 31, 2006, Nicole Catsouras, 18, of Ladera Ranch was decapitated and killed instantly when driving her father's Porsche more than 100 mph into the 241 toll plaza in Lake Forest. Shortly after, a CHP photo leak occurred, and grisly accident photographs, supposed to be used for investigative and educational purposes only, starting appearing in the email "in" boxes of friends' and relatives' private e-mail accounts.

The Catsouras family sued CHP dispatchers Thomas O'Donnell and Aaron Reich for, amongst other things, negligence, violation of privacy and emotional distress. O'Donnell admitted to emailing the photos to his home computer for work purposes. Reich admitted to emailing the images to four people outside the agency.

Damages

Nicole's parents, Lesli and Christos Catsouras sought $20 million in damages in a claim filed before their lawsuit.

Result

Superior Court Judge Steven L. Perk dismissed the case, ruling that the CHP dispatchers had no special duty to protect the privacy of the Catsouras family.


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