Froelich v. Werbin
Kansas Supreme Court
219 Kan. 461, 548 P.2d 482 (1976)
- Written by Sarah Hoffman, JD
Facts
Burneta Adair was sued by her former husband Tom Hamilton for defamation for stating that he was gay and that William Froelich (plaintiff) was his lover. Adair wanted to obtain proof that they were lovers because truth is a defense against defamation. A friend of Adair’s, Syd Werbin (defendant), told her that Froelich was in the hospital, and Adair became worried that Froelich would not be able to testify in support of her case. Adair had previously collected hairs from her former husband’s bed, and she told Werbin that it would be helpful to obtain hairs from Froelich so that they could be analyzed for a match. Werbin paid an orderly at the hospital to help him get hair from Froelich. The orderly took the hair from Froelich’s brush and from an adhesive bandage that had been disposed of by a nurse. Months later, Froelich learned that the hair had been taken, and he filed suit against Werbin for invasion of privacy by intrusion on seclusion. The trial court found in favor of Werbin, holding that Froelich had failed to establish an intrusion that would have caused mental suffering, shame, or humiliation to a person of ordinary sensibilities. The trial court’s decision was appealed.
Rule of Law
Issue
Holding and Reasoning (Prager, J.)
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