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Waller v. Osbourne

763 F. Supp. 1144 (1991), aff'd, 958 F.2d 1084 (1992)

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Waller v. Osbourne

United States District Court for the Middle District of Georgia
763 F. Supp. 1144 (1991), aff'd, 958 F.2d 1084 (1992)

Facts

The teenage son of Thomas Waller and Myra Waller (the Wallers) (plaintiffs) took his own life. The Wallers brought suit against Ozzy Osbourne (defendant); CBS, Inc. (defendant); and CBS Records, Inc. (CBS) (defendant), alleging that the lyrics and music in Osbourne’s song “Suicide Solution” incited the Wallers’ son to commit suicide. Osbourne and CBS moved the court to dismiss the suit, but the Wallers amended their complaint to elaborate on their claims before the court ruled on the motion. An allegation of subliminal messaging was added to the complaint, though the Wallers’ expert witnesses were unable to prove the presence of subliminal content. The Wallers’ claims included negligence, nuisance, fraud, and invasion of privacy. Osbourne and CBS jointly moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Fitzpatrick, J.)

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