Geragos and Harris v. Borer
Defendant and appellant Jeffrey Borer surreptitiously and illegally videotaped the noted entertainer Michael Jackson and his two criminal defense lawyers, plaintiffs and respondents Mark Geragos and E. Pat Harris (plaintiffs), while Jackson and plaintiffs were flying in a chartered airplane. Borer planned to sell the videotape to a media company for a large sum of money. Before he could do so, however, plaintiffs filed suit against Borer and obtained an injunction prohibiting the sale of the videotape. Plaintiffs asserted causes of action for, inter alia, invasion of privacy and use of name and likeness in violation of Civil Code section 3344. After a bench trial, plaintiffs obtained a judgment against Borer for compensatory damages in the cumulative sum of $2.25 million and for punitive damages in the cumulative sum of $9 million.
Borer contends that there was insufficient evidence to support the amount of damages. Court agree. The judgment shall be reversed and the matter remanded for a new trial on damages unless plaintiffs agree to a reduced award of compensatory damages in the cumulative amount of $150,000 and a reduced award of punitive damages in the cumulative amount of $600,000, in which event the judgment will be modified to award plaintiffs damages in those amounts, and as so modified shall be affirmed.
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