Chanko v. American Broadcasting Companies, Inc.

Mark Chanko was brought to the emergency room at New York and Presbyterian Hospital (defendant) after being struck by a vehicle, while an ABC News (defendant) crew happened to be filming a documentary there without Mark's or his wife Anita's (plaintiff) knowledge or consent. The crew filmed a doctor pronouncing Mark dead and informing Anita of his death; Anita only learned of the filming when she recognized the scenes, though edited to omit Mark's name and blur his image, when the documentary later aired. Anita sued for intentional infliction of emotional distress; the trial court dismissed the complaint, and the appellate court affirmed.