Jane Bronstein vs. David Letterman
J.D. OF STAMFORD/NORWALK AT STAMFORD
Filed JANUARY 26, 1996
JANE BRONSTEIN )
vs. ) COMPLAINT
DAVID LETTERMAN )
1. The Plaintiff Jane Bronstein ("Bronstein" hereinafter) is a married woman, fifty-four years of age suffering from the effects of childhood polio, two spinal fusions and a thyroid condition, who resides in the State of New York, Borough of Manhattan.
2. The Defendant David Letterman ("Letterman" hereinafter) is a comedian who resides in New Canaan, Connecticut. Letterman is in the business of producing entertainment shows that comment about life and make jokes about people, places and things.
3. The defendant Worldwide Pants, Inc. ("Worldwide" hereinafter) is a New York corporation, which produces a nationally broadcast entertainment show commonly referred to as "Late Show with David Letterman" ("Late Show" hereinafter).
4. Upon information and belief, Letterman is a shareholder, the Chief Executive Officer and, a director of the defendant Worldwide.
5. The Late Show produced by Worldwide is the entertainment vehicle through which defendant Letterman showcases his comedy.
6. On or about September 5, 1995 Bronstein and her husband attended a public function at the tennis center in Flushing, New York, to wit: the United States Open Tennis Championship Matches.
7. During the course of the tennis tournament, Bronstein's image was videotaped as she sat among the viewing audience.
8. During the period of time from approximately September 5, 1995 through at least September 20, 1995, Letterman and Worldwide repeatedly used the previously videotaped picture of Bronstein in the Top Ten List segment of the Late Show program, without first obtaining her written consent.
9. During the period of time from approximately September 5, 1995 through at least September 20, 1995 Letterman and Worldwide caused the previously videotaped picture of Bronstein to be broadcast on national television, accompanied by Letterman dialogue.
10. During the period from approximately September 5, 1995 through at least September 20, 1995, Letterman and Worldwide repeatedly and publicly ridiculed and vilified the plaintiff Bronstein.
11. As a result of the conduct of the defendants Letterman and Worldwide the plaintiff Bronstein sustained mental and physical pain and suffering.
12. The conduct of Letterman and Worldwide, as aforesaid violated the plaintiff's right of privacy pursuant to section 50 and section 51 of the New York Civil Rights Law.
1.-11. Paragraphs 1 through 11 of the First Count are hereby made paragraphs 1 through 11 of the Second Count as if fully set forth herein.
12. During the period of time from approximately September 5, 1995 through at least September 20, 1995 Letterman and Worldwide caused the picture of the plaintiff to be used in advertising the Late Show, without her written consent.
13. The advertising consisted of at least the following:
A. Nationally televised promotional segments of the Late Show which included the plaintiff's picture as part of a preview and/or review of the Top Ten List segment of the Late Show.
B. The projection of the plaintiff's picture on the giant Sony Jumbotron screen, located at Times Square in New York City, in conjunction with an 800 telephone number to call.
C. Requesting viewers of the Late Show to participate in a plan to identify and locate the plaintiff.
14. The conduct of Letterman and Worldwide as aforesaid, violated the plaintiff's rights pursuant to New York Civil Rights Law section 50 and section 51.
CLAIMS FOR RELIEF
The plaintiff claims:
2. Exemplary damages.
3. Such other and further relief as to the Court may appertain.
THE PLAINTIFF JANE BRONSTEIN
BY HARVEY J. ROTHBERG, Her attorney
P.O. Box 3037 Stamford, CT 06905
Juris No. 51915
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