Facts

David V. Beckham filed a complaint against Bauer Publishing Company LP and Irma Nici, for defamation. The paper published an article in In Touch Weekly claiming Beckham had an affair with a call girl, and identified defendant Nici in the article.

Nici brought two cross-claims against plaintiff, and cross-defendant, Beckham for general negligence and intentional tort. Nici alleged that a process server "either hired by Beckham or on his behalf" had stalked and hounded Nici and behaved in a way that made her fearful causing her personal injuries. Beckham sought to dismiss the cross-complaint.

U.S. District Judge Manuel L. Real granted Bauer's special motion to strike Beckham's claims against the magazine, leaving only Beckham's claim against Nici and the cross-complaint.

Injuries

Nici was hospitalized for two days.

Result

Judge Real dismissed Nici's counter-claim. The Court held that under New York law, Beckham was not vicariously liable for the actions of the process server. Beckham's claim against Nici is still pending.