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Harbin v. Jennings

February 09, 1999

LAJENNIFER J. HARBIN APPELLANT
v.
JOHNNY JENNINGS; HFAC-1, INC. F/K/A APPELLEES NATIONAL PICTURE AND FRAME COMPANY; AND NPF COMPANY F/K/A NATIONAL PICTURE AND FRAME COMPANY F/K/A NPF ACQUISITION COMPANY F/K/A NATIONAL PICTURE AND FRAME COMPANY



The opinion of the court was delivered by: McMILLIN, P.j.

DATE OF JUDGMENT: 09/12/95

TRIAL JUDGE: HON. EUGENE M. BOGEN

COURT FROM WHICH APPEALED: LEFLORE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - TORTS (OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE)

TRIAL COURT DISPOSITION: DIRECTED VERDICT FOR PLAINTIFF, AWARDED $10,000 COMPENSATORY DAMAGES, JOINTLY AND SEVERALLY, $10,000 PUNITIVE AGAINST JENNINGS AND $10,000 PUNITIVE DAMAGES AGAINST HAFC-1 AND NPF. (AFTER REMITTITUR)

DISPOSITION: REVERSED AND REMANDED - 02/09/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

EN BANC:

¶1. This Court is called upon today to consider an appeal and cross-appeal arising out of an invasion of privacy suit tried in the Circuit Court of Leflore County. After a jury returned a verdict awarding both actual and punitive damages to the plaintiff, the trial court ordered a partial remittitur of both awards. The plaintiff has appealed the remittitur and the defendants have cross-appealed, attacking the validity of the jury's verdict on several different grounds. We conclude that certain issues raised in the cross appeal have merit and that the judgment in this case must be reversed and the matter remanded for further proceedings. This decision renders the issues raised in the direct appeal moot.

I.

Facts

ΒΆ2. Gail Jones engaged the services of the defendant, Johnny Jennings, a professional portrait photographer, to take a series of photographs of her minor daughter, LaJennifer Harbin, to commemorate Harbin's status as a high school senior. Harbin is the plaintiff in this proceeding and Jennings is one of the defendants. Harbin, her mother and Harbin's sister attended the photography session. Jennings later submitted ...


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