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Froelich v. Adair
Kansas Supreme Court
516 P.2d 993 (1973)
Tom Hamilton sued his former wife, Burneta Adair, (defendant) for a million dollars for defamation because Adair stated that Hamilton was a homosexual, and that William Froelich (plaintiff) was Hamilton’s lover. Hoping to prove the truth of her statement and defend the defamation claim, Adair, through the help of a friend, obtained samples of Froelich’s hair from Froelich’s hairbrush and a discarded adhesive bandage that were in Froelich’s hospital room when Froelich was a patient in the hospital. Froelich was not aware of the taking of his hair samples at the time the hair samples were collected. When Froelich later learned of the intrusion, he became emotionally upset and sued Adair for invasion of privacy. The trial court denied Froelich recovery for his mental suffering from the alleged invasion of privacy by Adair. Froelich appealed.
Rule of Law
Holding and Reasoning (Owsley, J.)
Dissent (Fromme, J.)
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