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: Legal Blog Watch

McDonald's Nude Cellphone Photos Lawsuit Settles

By Bruce Carton

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A settlement in a lawsuit filed in 2008 in Arkansas state court strikes a blow for women everywhere whose husbands leave their cell phones (containing nude photos of their wives) at fast food restaurants. In July 2008, Tina Sherman's husband Phillip Sherman did just that, accidentally leaving his phone at a McDonald's in Fayetteville, Ark. The manager assured Mr. Sherman that he would turn the phone off and put it in a safe place until he could pick it up the next day, but apparently the "safe place" the manager chose for the phone was not safe enough to prevent someone from finding the nude photos, downloading them and immediately posting them to the Internet. Sherman sued McDonald's, the franchisee and the manager for ?negligent performance of [an] undertaking to render services? based on the manager's utter failure to keep the phone secure. The defendants argued that they had no duty to Sherman as it was his own negligence in leaving the phone behind that caused the problem, and that they had no duty "to safeguard the contents of a negligently lost cell phone.? An Arkansas judge denied defendants' motion to dismiss in April 2009, however, and OnPointNews reports that...

Full post as published by Legal Blog Watch on April 05, 2010 (boomark / email).