By The Law Offices of John Day, P.C. on Jun 18, 2025 06:00 am
In Tennessee, a claim for invasion of privacy based on intrusion upon seclusion does not abate when the person whose privacy was invaded dies. In Jones v. Life Care Centers of America d/b/a Life Care Center of Tullahoma, No. M2022-00471-SC-R11-CV, — S.W.3d — (Tenn. April 25, 2025), Ms. Jones was a resident of defendant nursing home and had impaired cognitive functioning. She required help with daily activities, including showering. While a certified nursing aide was helping Ms. Jones shower, the aide accepted a video call from her boyfriend, who was incarcerated. During the call, Ms. Jones’ nude body was visible in the background. When Ms. Jones’ family was informed of this incident, they filed this invasion of privacy based on intrusion upon seclusion claim. The trial court granted the defendant’s motion for summary judgment, ruling that because Ms. Jones was unaware of the incident, the plaintiff could not show “actual injury or loss in the form of physical, mental or emotional injury.” While the case was pending in the trial court, Ms. Jones died.
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