Miller v. National Broadcasting Co

In Miller v. National Broadcasting Co. (1986) 187 Cal. App. 3d 1463, ". . . an NBC television camera crew entered the apartment of Dave and Brownie Miller in Los Angeles, without their consent, to film the activities of Los Angeles Fire Department paramedics called to the Miller home to administer life-saving techniques to Dave Miller, who had suffered a heart attack in his bedroom. The NBC television camera crew not only filmed the paramedics' attempts to assist Miller, but NBC used the film on its nightly news without obtaining anyone's consent." ( Id. at p. 1469.) Additionally, ". . . NBC later used portions of the film in a commercial advertising an NBC 'mini-documentary' about the paramedics' work." (Ibid.) Brownie Miller sued, inter alia, for invasion of privacy. ( Id. at p. 1470.) The Miller court determined that "reasonable people could regard the NBC camera crew's intrusion into Dave Miller's bedroom at a time of vulnerability and confusion occasioned by his seizure as 'highly offensive' conduct, thus meeting the limitation on a privacy cause of action Restatement of Torts, section 652B imposes." ( Miller v. National Broadcasting Co., supra, 187 Cal. App. 3d at p. 1484.) The court concluded that ". . . the NBC camera crew, the uninvited media guests, not only invaded the Millers' bedroom without Dave Miller's consent, they also invaded the home and the privacy of the plaintiff's wife . . . ." ( Id. at p. 1486.) Furthermore, Miller concluded NBC had no right to be in any part of Brownie Miller's home without her consent. (Ibid.)