Rumbauskas v. Cantor

629 A.2d 1359, 266 N.J. Super. 399, 1993 N.J. Super. LEXIS 734
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 29, 1993
StatusPublished
Cited by3 cases

This text of 629 A.2d 1359 (Rumbauskas v. Cantor) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rumbauskas v. Cantor, 629 A.2d 1359, 266 N.J. Super. 399, 1993 N.J. Super. LEXIS 734 (N.J. Ct. App. 1993).

Opinion

The opinion of the court was delivered by

COHEN, R.S., J.A.D.

Plaintiffs complaint was in two counts. One of them charged defendant with committing civil RICO violations. N.J.S.A 2C:41-4.. That count was properly dismissed for failure to state a cause of action. Because there was nothing alleged in the complaint which involved “racketeering activity” (N.J.S.A 2C:41-la) or an [401]*401“enterprise” (N.J.S.A 2C:41-lc), we affirm the dismissal of the RICO count.

The other count charged defendant with invasion of plaintiffs right of privacy. The judge dismissed that count on the thesis that it was barred by the two-year statute of limitations. N.J.S.A. 2A:14-2. Plaintiff appeals, arguing that the six-year statute of limitations controls. We reverse the dismissal.

The allegations of plaintiffs invasion-of-privacy count are bizarre. Plaintiff and Diana Johnson were both Exxon employees. They “met and became friendly.” Johnson then went to work for defendant’s business. Defendant “began making romantic advances and overtures to Johnson” while plaintiff “was romantically involved with her.” Defendant threatened plaintiff to cease his relationship with Johnson, as defendant “was pressuring her to become engaged to or wed him.” Defendant “ordered” Johnson to terminate her relationship with plaintiff. He told her that, if she saw defendant again, he would hire someone to kill both of them. Defendant hired men to follow and observe Johnson and plaintiff.

Johnson left defendant’s employ. He continued to pursue her. He put up a two-foot sign on a fence around one of his industrial buildings which said “DIXU Score E-l J-0.” Plaintiff interpreted the legend to mean “Diana I love you. Score Edward-1, John-0.” Another sign, about eight feet long, appeared on the same property at another time. It said, “DIXU FU JR.” Plaintiffs initials are JR.

Various other forms of threats and harassments were directed at Johnson and, through her, to plaintiff. They threatened Johnson’s custody of her daughter, and plaintiffs job, safety, and life. Defendant put plaintiff under surveillance. He sent a letter to plaintiffs home on the letterhead of Sotheby’s in New York which referred to a visit there by plaintiff and his “daughter Diana.” Such a reference might have puzzled plaintiffs wife, who lived with him and knew he did not have a daughter Diana. Or, it might have been intended to warn plaintiff that defendant meant to reveal plaintiffs affair to plaintiffs wife. State Police investí[402]*402gated telephoned threats received by plaintiff, and confirmed that defendant was connected with them. When defendant was arrested as a result, the threats ceased. Defendant also tried to pay plaintiff money to terminate his relationship with Johnson.

Plaintiff’s complaint summed up:

The aforesaid actions by [defendant] represent an unreasonable intrusion into [plaintiffs] right to live free of [defendant’s] interference, threats, surveillance, extortion or duress, and constitute an invasion of [plaintiffs] right to privacy.

The right of privacy, largely unknown or ignored at the common law, was the subject of a noted 1890 law review article. Warren and Brandéis, The Right of Privacy, 4 Haro.L.Rev. 193. The Restatement analyzes invasion of privacy as a complex of four distinct wrongs, which it describes as follows:

(1) One who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other.
(2) The right of privacy is invaded by
(a) unreasonable intrusion upon the seclusion of another, as stated in § 652B; or
(b) appropriation of the other’s name or likeness, as stated in § 653C; or
(c) unreasonable publicity given to the other’s private life, as stated in § 652D; or
(d) publicity that unreasonably places the other in a false light before the public, as stated in § 652E.

[.Restatement (Second) of Torts § 652A (1976) ].

The Law Division judge correctly ruled that plaintiffs complaint did not state a cause of action under § 652A(2)(b), (c), or (d), but that the complaint did state facts sufficient to make out a cause of action for unreasonable intrusion upon seclusion under § 652A(2)(a). The elements of the cause of action are:

One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.

[.Restatement (Second) of Torts § 652B (1976) ].

Comment d. to the quoted section describes the nature of the tort and the interests protected:

There is likewise no liability unless the interference with the plaintiffs seclusion is a substantial one, of a kind that would be highly offensive to the ordinary [403]*403reasonable man, as the result of conduct to which the reasonable man would strongly object. Thus there is no liability for knocking at the plaintiffs door, or calling him to the telephone on one occasion or even two or three, to demand payment of a debt. It is only when the telephone calls are repeated with such persistence and frequency as to amount to a course of hounding the plaintiff, that becomes a substantial burden to his existence, that his privacy is invaded.

The Restatement analysis of the tort of invasion of privacy contained in § 652A and following sections has been adopted and employed in New Jersey cases. See Romaine v. Kallinger, 109 N.J. 282, 537 A.2d 284 (1988); Figured v. Paralegal Tech. Serv., Inc., 231 N.J.Super. 251, 555 A.2d 663 (App.Div.1989), certif. dismissed, 121 N.J. 666, 583 A.2d 350 (1990); Fasching v. Kallinger, 211 N.J.Super. 26, 510 A.2d 694 (App.Div.1986); Faber v. Condecor, Inc., 195 N.J.Super. 81, 477 A.2d 1289 (App.Div.), certif. denied, 99 N.J. 178, 491 A.2d 684 (1984); Bisbee v. John C. Conover Agency, 186 N.J.Super. 335, 452 A.2d 689 (App.Div.1982); N.O.C., Inc. v. Schaefer, 197 N.J.Super. 249, 484 A.2d 729 (Law Div.1984).

Plaintiffs action was commenced more than two years but less than six years after the occurrences described in his complaint. Every action “for an injury to the person” is governed by N.J.S.A. 2A.-14-2, which bars suit two years after the cause of action accrues. Every action “for any tortious injury to the rights of another not stated in §§ 2A:14-2 and 2A:14-31” is barred six years after the cause of action accrues.

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Bluebook (online)
629 A.2d 1359, 266 N.J. Super. 399, 1993 N.J. Super. LEXIS 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rumbauskas-v-cantor-njsuperctappdiv-1993.