By The Law Offices of John Day, P.C. on Jul 12, 2023 11:11 am
A Tennessee plaintiff asserting a claim for invasion of privacy based on intrusion upon seclusion was not required to show actual damages, as actual damages are not an essential element of an intrusion upon seclusion claim. In Jones v. Life Care Centers of America d/b/a Life Care Center of Tullahoma, No. M2022-00471-COA-R3-CV (Tenn. Ct. App. May 16, 2023), plaintiff was a resident at defendant nursing home, and she brought this case through her conservator based on her naked body being exposed during a video call made by a nursing home employee. Plaintiff, who was cognitively limited, was being assisted in showering by defendant’s employees. One of the employees received a video call from her boyfriend, who was incarcerated, and the employee propped the phone on a shelf and continued helping plaintiff. During the call, plaintiff’s naked body was seen on the video feed. A sheriff’s department employee was monitoring the phone call and noticed that plaintiff could be seen, and defendant was accordingly alerted. Although plaintiff was admittedly unaware that she had been exposed, and never became aware, her daughter/ conservator was informed, and this suit was filed. Plaintiff’s initial complaint asserted a claim of “Negligence Pursuant to the Tennessee Medical Malpractice Act” and a general claim for invasion of privacy. After defendant filed a motion for summary judgment, plaintiff filed a motion seeking to amend her complaint to assert claims for invasion of privacy based on intrusion upon seclusion and negligent supervision. The trial court granted summary judgment to defendant, finding that plaintiff could not “prove the existence of any cognizable injury or damages from the incident,” and it denied plaintiff’s motion to amend, ruling that a claim for invasion of privacy requires actual damages and thus the amendment would be futile. On appeal, those rulings were reversed.
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