Man Sues Over Exposed Genitals In Yearbook Photo

[matcom]

<snip>

A suit over a revealing picture in a New Jersey high school yearbook has become a symposium on education and tort-claim law, and it is teaching a school board and nine former students why it's good to have insurance.

Tyler Bennett of Colts Neck claims he suffered emotional distress because his genitals were partly visible in a basketball game picture in his 2001 school yearbook.

The suit says Colts Neck High School authorities acted slowly to suppress the yearbook, worsening the distress Bennett suffered as a senior the next year.

And there's a novel issue: Does the publisher of such a picture violate child pornography laws if publication was inadvertent?

So far, the answer to that question has been no. Indeed, the whole litigation has been a dud for the plaintiff. In 2005, a trial judge cited Bennett's lack of evidence of psychological harm and found no basis for a suit under the Tort Claims Act. On June 23, an appeals court affirmed the dismissal.

http://www.law.com/jsp/article.jsp?id=1152867927883&rss=newswire

[Midlodemocrat]

1. That'll teach him to go commando while wearing basketball shorts.

[yellowcanine]

8. exactly.

[Gormy Cuss]

15. This happened in one of my high school yearbooks.

The lesson in that case was when going commando in basketball shorts (these were the old style short ones, don't sit with your legs apart on the bench. Better still, don't do the above when your girlfriend is sitting next to you, you're making goo goo eyes at each other,and a yearbook photographer is in the room.

The couple didn't sue, nor did they die of embarassment, although they were the talk of the school.

[evirus]

2. emotional distress?

you see what happens when we teach kids that their bodies are filthy, disgusting, and should be covered up at all times?

[xchrom]

3. i think he is the only guy i've ever heard of that

would have emotional distress 'cause the world got an eyeful of his goodies.

course - maybe it's just me.

[evirus]

4. yah i know

to be honest im at the point in my life where i just dont care who sees my body, i dont even close the door when i put cloths on after a shower anymore.

[xchrom]

5. i know, huh?

[swimboy]

6. shame is a kind of sickness, I think

it's not healthy to make that kind of big deal about it.

[xchrom]

14. oh i agree.

[yellowcanine]

7. "Emotional distress" over a "pecker shot" ? I think not. Particularly

when he bears at least SOME of the responsibility, if not all of it. If I run around with my pecker showing , I ought not get on my high horse if someone snaps a pic of it. If he had listened to his mom's lecture on the clean underwear/getting into an accident lecture it never would have happened. Or was that just my mom that gave that lecture?

[Rabrrrrrr]

13. No, my mom gave that lecture, as well.

Many a time, in fact.

[Fenris]

9. "Emotional distress"? How small is it?

:hide:

[yellowcanine]

10. Excellent point. I didn't think of that angle.

[Rabrrrrrr]

12. LOL! Yes, it's the enormity of what isn't shown that's bothering him.

All that white space...

:rofl:

[Deja Q]

19. .

:loveya: :rofl: :loveya: :rofl: :loveya: :rofl: :loveya: :rofl: :loveya: :rofl: :loveya:

[hedgehog]

11. There should be a counter-suit

What about the emotional harm, pain and suffering for all the spectators at the game who presumably were repeatedly flashed by Tyler?

[mark414]

16. he must have a small penis

otherwise what sort of emotional distress could he be talking about?

[BigMcLargehuge]

17. I wonder if the defense knew that his nickname was

Tyler "Lookit muh balls" Bennett

[swimboy]

18. kick

for company

:dem:

[tjwmason]

23. Bad choice of words my friend.

:P

[swimboy]

24. There's a lot of kicking going on today!

(but I hear you, best to look out for one's valuables)

[Misunderestimator]

20. I hear that he named his testicles... Gifted and Talented.

[Fenris]

21. I love you.

:loveya:

[arwalden]

22. Oh No!!