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Morgan's wife has and will continue to cause him to be greatly distressed and humiliated, to suffer great mental anxiety and emotional stress and to be exposed to public ridicule and contempt.
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Morgan, who incorporates, by reference, all of the allegations of Counts One and Two and, in addition, alleges that the unauthorized use, publication and distribution by the defendants of the photograph of plaintiff Gregory L. Plaintiff contends that the defendants' conduct placed her in a false light in the eyes of the public, her friends and relatives, and has thus injured her personal esteem, has reflected disgracefully on her character, has destroyed her peace of mind, and has caused her severe mental and emotional anguish.Ĭount Three is brought by Gregory L.
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Morgan incorporates, by reference, all of the allegations contained in Count One and, additionally, alleges that the defendants' conduct in their unauthorized publication and distribution of her photograph on the cover of Hustler magazine constituted an invasion of her right of privacy. She alleges that as a direct and proximate result of the photograph being published, she has been caused to suffer extreme humiliation, embarrassment, public ridicule and severe *713 mental pain and anguish of a nature no reasonable person could be expected to endure. She alleges that she first became aware of the publication in January 1984. Morgan further alleges that the defendants knew, or should have known, that she did not want her photograph published in Hustler magazine. She alleges that she strongly and sharply disagrees with the views expressed by Hustler magazine. She further alleges that the prominent display of her on the front cover of Hustler magazine implies that she agrees with and supports the base and tawdry views expressed by the magazine. She further alleges that Hustler magazine is distributed worldwide and that it contains hard core pictorial and editorial pornography. That on or about December 1975, the defendants printed and published a photograph of her on the front cover of Hustler magazine, Volume 2, No.
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That on or about January 1973, she posed for a professional fashion model photographer in connection with her career as a fashion model. Morgan was engaged in the career of fashion modeling for the period 1970 through 1981. The plaintiffs' complaint is in three counts and alleges, in substance, the following.Ĭount One alleges that the plaintiff Donda R. The case was removed to this Court on the basis of diversity. The plaintiffs filed the present case in the Court of Common Pleas of Cuyahoga County, Ohio.
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MEMORANDUM OF OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Smith, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, for defendants. Marotta, Gruber, Moriarty, Fricke & Jaros, Cleveland, Ohio, for plaintiffs.Īlan M. HUSTLER MAGAZINE, INC., Flynt Distributing Company, Inc., Larry C.