Alltel Saves IIED Case from Dismissal by Western Section in Store Surveillance Case

SARAH WHITE v. TARGET CORPORATION
Court: TN Court of Appeals

Attorneys:

Gregory D. Cotton, Collierville, Tennessee, for the Plaintiff/Appellant Sarah White

Betty Ann Milligan, Memphis, Tennessee, for the Defendant/Appellee Target Corporation

Judge: KIRBY

This appeal involves claims for intentional infliction of emotional distress, invasion of privacy, and misappropriation of image. The plaintiff, a customer of the defendant store, brought clothing into the store’s dressing room to try it on. While in a state of undress in the dressing room, the customer noticed in the reflection of her dressing-room mirror a globe on the store ceiling that appeared to contain a surveillance camera. Store employees initially told the customer that the globe contained a camera, but a store manager later told the customer that the ceiling globe did not contain a camera. Eventually, the plaintiff customer filed this lawsuit against the defendant store, seeking damages for, inter alia, intentional infliction of emotional distress, invasion of privacy, and misappropriation of image. The trial court granted summary judgment in favor of the defendant store. The plaintiff now appeals. We reverse, finding that the standard for summary judgment under Hannan v. Alltel Publishing has not been met in this case.

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