Crabb v. Greenspun Media Group

• Court: Nevada Supreme Court
• Decided: September 16, 2014
• Docket: 64086
• Status: Unpublished

Opinion

complaint as true and drawing all inferences in the plaintiffs favor. Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-28, 181 P.3d 670, 672 (2008). Having reviewed appellant's proper person appeal statement, respondents' responses, and the record on appeal, we conclude that the district court erred, in part, by dismissing appellant's false light, negligence, and negligent infliction of emotional distress claims. Although the district court properly dismissed appellant's defamation and slander per se claims, see Pope v. Motel 6, 121 Nev. 307, 315, 114 P.3d 277, 282 (2005), the district court erred by concluding that appellant's false light and emotional distress claims relied upon appellant's defamation claim, and thus, also failed as a matter of law. This court has previously discussed that "[t]here are cases indicating that the false light invasion of privacy may be committed even when the publication is not defamatory." People for Ethical Treatment of Animals v. Bobby Berosini, Ltd., 111 Nev. 615, 622 n.4, 895 P.2d 1269, 1273 n.4 (1995); see Machleder v. Diaz, 801 F.2d 46, 55 (2d Cir. 1986) ("[W]hile a false light claim may be defamatory, it need not be."). "The false light privacy action differs from a defamation action in that the injury in privacy actions is mental distress from having been exposed to public view, while the injury in defamation actions is damage to reputation." Rinsley v. Brandt, 700 F.2d 1304, 1307 (10th Cir. 1983). The district court also erred in dismissing appellant's negligence claim on the basis that it was derivative of the unsupported defamation claim. We therefore reverse the district court's order dismissing appellant's false light, emotional distress, and negligence claims and remand this matter to the district court for

SUPREME COURT OF NEVADA 2 (0) 194Th F(IDR) proceedings consistent with this order. We affirm, however, the portion of the district court's order dismissing appellant's defamation and slander per se claims.

It is so ORDERED.

J. Hardesty

, J. Douglas

CAS2A-nAl," Cherry ,J.

cc: Hon. David B. Barker, District Judge Tawanna K. Crabb Campbell & Williams Durham Jones & Pinegar Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A