Couple sues McDonald's over nude photos on Web

[Miss Mia]

Couple sues McDonald's over nude photos on Web: Husband left phone with wife's naked pictures at restaurant

A Bella Vista couple found out the hard way that when a wife sends nude pictures of herself to her husband's cell phone, these pictures can end up on the Internet.

Phillip and Tina Sherman filed a lawsuit Friday against McDonald's Corp.; Mathews Management Co., which owns the McDonald's franchise on Sixth Street in Fayetteville; and Aaron Brummley, a manager of the restaurant.

The Shermans seek more than $ 3 million in damages after nude photos of Tina Sherman were posted on a Web site and she received threatening and harassing text and phone messages, according to the lawsuit.

Phillip Sherman on July 5 left his cell phone in the McDonald's restaurant. His wife had previously sent nude pictures of herself to this cell phone for his own use, according to the complaint.

Brummley called Phillip Sherman's mother using this cell phone and said he would keep the cell phone until Phillip Sherman could come pick it up. Before Phillip Sherman could return to the restaurant to get the phone, his wife received text messages from his phone.

"I've seen your pictures Tina, I liked what I saw," one message stated, according to the complaint.

-snip-

And that's why I never send my nekkid pics by cell phone.   

[Sweet Dee]

And that's why I never send my nekkid pics by cell phone.   

Stick with polaroids   hehe

[Wretched Excess]

how is this mcdonald's fault?  they sell burgers and fries;  they don't secure lost property.

[Wretched Excess]

I'd be inclined to agree, if it was a cashier whom did it...

But... it was a "manager"... within the company...

I don't understand how it makes a difference that it was someone who manages burger flippers instead of actual burger flippers.  I don't see how it became his/her responsibility to secure property that the owner had already lost. 

[Wretched Excess]

where did the picture go?

[RobJohnson]

how is this mcdonald's fault?  they sell burgers and fries;  they don't secure lost property.

I agree, sounds like a bogus lawsuit to me.

[Chris_]

how is this mcdonald's fault?  they sell burgers and fries;  they don't secure lost property.

Agency Law -- the employer is responsible for the deeds and misdeeds of their employees when the employee is performing his/her duties.

[Chris_]

I agree, sounds like a bogus lawsuit to me.

See above.

[NHSparky]

Okay folks, flame away, but...

I think they might have a case here.  Here's why:

--McDonald's DOES have "lost and found" policies in place.  The manager did not have the right OR permission to look through the guy's phone once it was identified as his.  He certainly didn't have permission to upload anything to any site.  The fact that he did this on the clock makes McDonald's liable as he is a company representative, even if he is a 24-year old loser dipshit (guessing, of course).  Put it this way--if I lose a wallet and I describe it, does that give someone the right to use the credit cards, cash, or license it might contain?

That being said, if you're going to send pics of naughty bits to someone or save naughty bits of someone else, a little caution is in order.  Don't be leaving said devices around where anyone can just pick them up.

[Chris_]

Okay folks, flame away, but...

I think they might have a case here.  Here's why:

--McDonald's DOES have "lost and found" policies in place.  The manager did not have the right OR permission to look through the guy's phone once it was identified as his.  He certainly didn't have permission to upload anything to any site.  The fact that he did this on the clock makes McDonald's liable as he is a company representative, even if he is a 24-year old loser dipshit (guessing, of course).  Put it this way--if I lose a wallet and I describe it, does that give someone the right to use the credit cards, cash, or license it might contain?

That being said, if you're going to send pics of naughty bits to someone or save naughty bits of someone else, a little caution is in order.  Don't be leaving said devices around where anyone can just pick them up.

You are dead on.  On both points.

[Chris_]

*  The woman was stupid in transmitting the photo...anywhere.  That was her bad choice.
*  The husband is at fault for losing the phone.
*  The nosy mgr at the McDonalds needs to be fired.

Worth $3 million??? Not hardly.

[mamacags]

*  The woman was stupid in transmitting the photo...anywhere.  That was her bad choice.
*  The husband is at fault for losing the phone.
*  The nosy mgr at the McDonalds needs to be fired.

Worth $3 million??? Not hardly.

What you said.

[NHSparky]

*  The woman was stupid in transmitting the photo...anywhere.  That was her bad choice.
*  The husband is at fault for losing the phone.
*  The nosy mgr at the McDonalds needs to be fired.

Worth $3 million??? Not hardly.

Agreed on all points, but because the nosy manager did it on company time and not his own, deep pockets will pay.  Will they go to trial and get anywhere near $3M?  Probably not--more than likely they'll just quietly settle for a couple hundred grand and hubby will get a CCW permit to take care of any stray idiots who happen to show up at the house.

[JohnnyReb]

This brings back memories.

15 or so years ago, someone dumped a load of trash on my property. It consisted of a couple of broken down pieces of furniture and bags of trash. Tore the bags open and found mail to the person who's junk it was. Also found several nude photos of a right nice looking 30+ woman. Gave the mail and photos to the county judge and asked him to get the trash removed. He did.

Turns out it was the ladies teenage son that had dumped the trash. She was moving to Florida. Judge said she was quite red in the face when she picked up the pictures. He said he couldn't tell wheather she was embarassed by it all or just angry at the son......

[DumbAss Tanker]

Agency Law -- the employer is responsible for the deeds and misdeeds of their employees when the employee is performing his/her duties.

As far as McDonald's defense is concerned, that's the issue whether it was a manager or a cashier.  Their defense hinges on convincing the jury that using the phone like this was outside the scope of his managerial duties, as most rational people would think it was.  Of course this appears to be from California, so McDonald's has a great incentive to settle it.

[Thor]

They'll settle (McDonalds)...... it'd be too costly NOT to do so. While the manager failed in his duties, he HAD to have removed the phone from McDonald's property, uploaded the contents of the phone to his personal computer, and then to his (or someone's)website. In that sense, I would hold the manager responsible, personally. If the courts would hold people like this manager more accountable than the various companies, we wouldn't be paying for all of these lawsuits through increased prices, etc.

[Wretched Excess]

where is mcdonald's legal obligation to protect the lady's privacy?  where is the liability?  and how in the world do you access damages, even if you could manufacture such an obligation?  how could you prove who uploaded them to whatever porno site they turned up on.  in fact, how could you prove that they husband didn't post them himself?  they took dirty pictures of each other for a reason, how do we know they didn't do this themselves?

 

[Sweet Dee]

where is mcdonald's legal obligation to protect the lady's privacy?  where is the liability?  and how in the world do you access damages, even if you could manufacture such an obligation?  how could you prove who uploaded them to whatever porno site they turned up on.  in fact, how could you prove that they husband didn't post them himself?  they took dirty pictures of each other for a reason, how do we know they didn't do this themselves?

 

Maybe it's just me, but I think it's kinda sad there has to be some kind of "legal obligation" to protect someone's privacy.  Geez    I just think that's basic human consideration.  Oh well.

[Wretched Excess]

Maybe it's just me, but I think it's kinda sad there has to be some kind of "legal obligation" to protect someone's privacy.  Geez    I just think that's basic human consideration.  Oh well.

sure.  otherwise people would be dragging you into civil court and suing because you were rude, or you cut in line at the movies, or you failed to secure someone's lost nudie pics.

[Chris_]

Maybe it's just me, but I think it's kinda sad there has to be some kind of "legal obligation" to protect someone's privacy.  Geez    I just think that's basic human consideration.  Oh well.

If she really, really valued her privacy, would she be emailing nude pics of herself?

[NHSparky]

They'll settle (McDonalds)...... it'd be too costly NOT to do so. While the manager failed in his duties, he HAD to have removed the phone from McDonald's property, uploaded the contents of the phone to his personal computer, and then to his (or someone's)website. In that sense, I would hold the manager responsible, personally. If the courts would hold people like this manager more accountable than the various companies, we wouldn't be paying for all of these lawsuits through increased prices, etc.

It's not even that hard.  Camera phones can forward pics directly to any e-mail account, and phones with web access (iPhone, etc) can go to photobucket or other websites directly as well.  Only takes a matter of minutes.

[NHSparky]

where is mcdonald's legal obligation to protect the lady's privacy?  where is the liability?  and how in the world do you access damages, even if you could manufacture such an obligation?  how could you prove who uploaded them to whatever porno site they turned up on.  in fact, how could you prove that they husband didn't post them himself?  they took dirty pictures of each other for a reason, how do we know they didn't do this themselves?

 

Uploads would be timestamped, it wouldn't be difficult to determine when they were done, and if it was during the time (particularly after) it was determined the manager had possession of the phone, he's screwed.

[NHSparky]

If she really, really valued her privacy, would she be emailing nude pics of herself?

Over a cellular network?  Probably not.

[Eupher]

Hmmmm.

Kinda wonderin' when The Messiah is going to take a look at this and ban the use of cell phones with photo-taking capability.

Since people can't be trusted to manage their own affairs, it's high time that the gummint steps in and takes charge!

 

[Sweet Dee]

If she really, really valued her privacy, would she be emailing nude pics of herself?

Oh I agree completely.  When you send pictures like that via cell phones, you have to be willing to deal with whatever happens as a result   I've done it, don't see what the big deal is.  Just think it sucks someone took it upon themselves to post those things on the internet. *shrug*   Oh wells.