Vassiliades v. Garfinckel's, Brooks Brothers

Mary Vasilliades (plaintiff) told only family and close friends about her facelift, but her plastic surgeon Csaba Magassy, M.D. (codefendant) used her before-and-after photos, without her actual consent, in a store presentation for Garfinckel's, Brooks Brothers, Miller & Rhoades, Inc. (codefendant) and a television commercial, despite falsely assuring the store director he had obtained consent. None of the 79 attendees at the presentation recognized Vasilliades, and her photos appeared in the commercial for under 40 seconds, though a coworker who happened to recognize her told another coworker. Vasilliades testified to significant emotional distress, corroborated only by her husband's testimony rather than medical evidence; the jury awarded her $350,000, but the trial judge granted judgment notwithstanding the verdict for Magassy and Garfinckel's, reasoning the presentation served a general public interest and the photographs weren't highly offensive. Vasilliades appealed.