Castro v. NYT Television
New Jersey Superior Court, Appellate Division
370 N.J. Super. 282 (2004)

- Written by Miller Jozwiak, JD
Facts
Michael Castro and other patients (patients) (plaintiffs) were admitted to the Jersey Shore Medical Center (hospital) (defendant) for serious illnesses or injuries. NYT Television (defendant), with the hospital’s permission, filmed the patients for a television show. The patients signed consent forms for the recording. But the patients later claimed that they were not competent to give such consent because of their illnesses or injuries. In response to the recording, the patients sued the hospital and NYT Television for, as relevant here, commercial appropriation of likeness. NYT Television and the hospital moved to dismiss that claim, which the trial court denied. NYT Television appealed.
Rule of Law
Issue
Holding and Reasoning (Skillman, J.)
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