Doe v. Fritch

Plaintiff filed a lawsuit against defendant under the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act alleging that defendant made a digital video of plaintiff and disseminated it without plaintiff’s consent. The trial court entered summary judgment in favor of plaintiff on the issue of liability and awarded damages and attorneys fees after holding a hearing on damages. Defendant appealed challenging the grant of summary judgment and the awards of damages and attorneys fees. The appellate court affirmed, finding that the trial court did not err in its determination that there was no genuine issue of material fact on the question of whether defendant was the person who disseminated the video based on admissions made by the defendant as well as other evidence presented by the plaintiff. The appellate court also noted this finding was supported by the permissible adverse inference that could be made from defendant’s assertion of his fifth amendment right against self-incrimination. The appellate court also found that the trial court did not abuse its discretion in the calculation of damages or attorney’s fees. (LANNERD and VANCIL, concurring)