M Civ JI 114.04 Invasion of Privacy - Public Disclosure of Private Facts - Burden of Proof

Plaintiff has the burden of proving:

(a) that defendant intentionally publicly disclosed private information about the plaintiff that was not already a matter of public record or otherwise open to the public,

(b) that was highly offensive to a reasonable person, and

(c) that was of no legitimate concern to the public.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Comment

Doe v Henry Ford Health System, 308 Mich App 592 (2014)(holding that the disclosure of private facts must be intentionally done).

History

Added July 2012. Amended May 2016, January 2020.