Baugh v. CBS, Inc.

A district attorney’s office had a program through which prosecutors would go to crime scenes to help victims. Columbia Broadcasting System, Inc. (CBS) (defendant) produced a show segment about the attorney-victim program. While filming the segment, a video-production crew followed an attorney on crime calls. One call involved an alleged domestic-violence situation at the home of Yolanda Baugh (plaintiff). Baugh later alleged that after she called 911 and the police arrived, a group of individuals with cameras also arrived at her front door. Baugh alleged that she initially told them to leave but allowed them to stay after a police officer said they were with the district attorney’s office. Baugh also alleged that when she asked what the video cameras were for, the group said they were doing a segment on the attorney-victim program without mentioning that the video was for CBS and was going to be used commercially. According to Baugh, she told the crew she was fine with recording for the segment for the district attorney’s office, with the understanding that she was not actually going to be on television. Baugh later learned that the segment aired on television. Baugh sued CBS for numerous tort claims, including trespass. CBS moved to dismiss. Baugh argued that her trespass claim could succeed because although she gave consent, the consent was fraudulently obtained, and CBS exceeded the scope of that consent.