In Spring of 2007 The Law Offices of Smith/Coonrod partnered with Lawson Law Office to represent a client who had suffered damages when her ex-best friend emailed sexually explicit photos of her to her mother, ex-husband, ex-in laws, boss and co-worker. Smith/Coonrod pursued her claims for invasion of privacy and intentional infliction of emotional distress, and her mother’s claim for intentional infliction of emotional distress. Judge Melgren allowed the claims to proceed through summary judgment. No significant offer of settlement was ever made by the defendant. The defense essentially took the position that by permitting the photos to be taken plaintiff implicitly agreed to their distribution, and that the defendants actions were justified because he was “emotionally hurt” by plaintiff ending the relationship. Rachel Smith, Brett Coonrod and Chris Lawson represented the plaintiffs at trial. After a jury trial that lasted most of a week the eight person jury found unanimously in favor of plaintiffs on all counts, and awarded damages and punitive damages. It was a victory for the right to privacy in the digital age.
