Question

Lana, a ten-year old child, is run over by a car negligently driven by Mitchell. Lana, at the time of the accident, was acting reasonably and without negligence. Clark, a newspaper reporter, photographs Lana while she is lying in the street in great pain. Two years later, Perry, the publisher of a newspaper, prints Clark’s picture of Lana in his newspaper as a lead to an article concerning the negligence of children. The caption under the picture reads: “They ask to be killed.” Lana, who has recovered from the accident, brings suit against Clark and Perry. What is the result? Group of answer choices

A. Judgment for Lana against Clark for the tort of false light

B. Judgment for Lana against Clark for intentional infliction of emotional distress

C. Judgment for Lana against Perry for the tort of false light

D. Lana will not prevail because the press is privileged under the First Amendment

E. Judgment for Lana against Perry for appropriation and disparagement.

Answer 1

In the given case, there are 4 persons those are

Lana = 10 year old girl

Mitchell = negligent driver whi drives car

Clark = newspaper reporter and who have taken photographs of lana while accident

Perry = publisher of news paper

In the given case, the lana was acting reasonably and without negligence but the driver (mitchell) who drives the car was negligent and made accident with his negligence.

By this we can say the lana is very much right ad the entire wrong was with the Mitchell and Mitchell was negligent at the time of accident.

After 2 years Perry published the article andused the picture shot by Clark at the time of accident of lana blaming that the children are negligent on the roads.

It means indirectly the article the supposed to communicate that the lana was negligent at the time of accident.

The conception of the article published by the Perry was completely wrong. Without knowing facts no one can publish an article which may defame a person. In this case, the published article defames the lana.

Hence, lana brings suit against Clarke and Perry.

The result of suit will be :-

B. Judgement of lana aganist Clark for intentional infliction of emotional distress

C. Judgement of Lana against Perry for tort of false light

E. Judgement for Lana against Perry for appropriation and disparagement

These are all the information required to solve the above given question.

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