Private Photos Posted Online, Lawsuit Claims

Last updated Friday, November 21, 2008 7:29 PM CST in News

By Ron Wood
THE MORNING NEWS

    FAYETTEVILLE -- A Bella Vista couple has sued McDonald's for at least $3 million after nude photographs of the woman were allegedly taken off her husband's misplaced cell phone and posted on the Internet.

    Phillip and Tina Sherman say Phillip left his cell phone at McDonald's on Sixth Street in Fayetteville on July 5. Tina Sherman then began receiving offensive calls and text messages about the pictures, then learned her pictures, which she had sent her husband, had been posted on-line along with her name, address and phone number.

    The Web site allegedly described how McDonald's employees retrieved the pictures from a phone left at the restaurant.

    Before the pictures and information could be taken down, Tina Sherman began receiving threats and lewd, explicit and obscene text messages and phone calls from strangers who had seen the site. There were also similar comments posted on the web site, according to the suit.

    The suit names McDonald's Corp., Matthews Management Co. and a manager, Aaron Brummley. Employees of the restaurant had allegedly promised to secure the cell phone, turn it off and safeguard it until Phillip Sherman could retrieve it.

    The suit seeks no less than $1 million for outrage; no less than $1 million for public disclosure of private facts; and, no less than $1 million for casting the Shermans in a false light.

    The suit seeks damages to be determined by a jury for negligence and negligent supervision.

    The suit contends the couple and their family suffered severe mental and emotional distress, physical injury, pain and suffering, embarrassment, damage to their reputations and fear. They also allege loss of earnings and are seeking the cost for having to move to a new residence.

    Attempts to contact the Shermans and their attorney were unsuccessful Friday.

    Reader Comments (4 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    native44 wrote on Nov 21, 2008 9:36 PM:

    " Was HOT coffee involved in this deal...? "

    Jumbojet wrote on Nov 24, 2008 7:23 AM:

    " Could this be a "get rich quick" premeditated SCAM? "

    jonny290 wrote on Nov 24, 2008 7:38 PM:

    " Unfortunately, the indiscretions of even the most entry-level employees can cost a company millions of dollars.

    However, consider the fact that by placing this woman's pictures, name and address online, the employees put her very life at risk.

    Those of you who cry "scam" or joke have probably never been victims of threats, stalkers, or identity theft. "

    Gramps wrote on Nov 24, 2008 9:48 PM:

    " While what jonny290 says is correct, the husband is just as guilty of endangering his family for forgetting his cell phone knowing that those pictures were on there. This is a plain case of stupidity as the husband could have retrieved them off the cell and saved them on a flash or hard drive if he wanted to keep them private. The wife is guilty of sending such pictures through the cell system since cell calls and messages are so easy to intercept. Porn is a rampant disease in the US and educated adults should know better. What if a couple of 10 or 11 year olds had found the phone, then would these people feel any remorse knowing that they had exposed young kids to their trash talk? Get real people, keep the sex in the bedroom where it belongs and not laying around for others to find. I think in this case everyone is guilty including the Sherman's and McDonalds. "


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