Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Tanner v. Ebbole

Court of Civil Appeals of Alabama
88 So.3d 856 (2011)


Paul Averette, owner of tattoo and body-piercing business Demented Needle, Inc., (together, defendants) obtained a plaster body cast of competing tattoo and piercing artist Chassity Ebbole, owner of LA Body Art (together, plaintiffs). Averette adorned the plaster cast with satanic symbols and used it to display Demented Needle t-shirts at the front of his shop. Although the mannequin was not recognizable as a body cast of Ebbole, Averette routinely told customers that it was her. Averette told one customer that if he wanted to talk to Ebbole, she was sitting in the front of his store. When the customer responded that he saw only a mannequin, Averette replied that the mannequin was “a cast of her body that we use to set spells on her.” Ebbole sued Averette and the Demented Needle for false-light invasion of privacy and appropriating an element of her personality for commercial use. The jury awarded Ebbole $1 in compensatory damages and $300,000 in punitive damages. Averette and Demented Needle appealed, arguing Ebbole did not establish either a false-light or commercial-appropriation invasion-of-privacy claim because she did not prove the body cast was either wrongfully obtained from the artist who made it or recognizable as her likeness.

Rule of Law


Holding and Reasoning (Pittman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 510,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 510,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial