Nude Pics In Phone Lost At McDonald's End Up Online

FAYETTEVILLE, Ark. — Here's some food for thought: If you have nude photos of your wife on your cell phone, hang onto it.

Phillip Sherman of Arkansas learned that lesson after he left his phone behind at a McDonald's restaurant and the photos ended up online. Now he and his wife, Tina, are suing the McDonald's Corp., the franchise owner and the store manager.

The suit was filed Friday and seeks a jury trial and $3 million in damages for suffering, embarrassment and the cost of having to move to a new home.

The suit says that Phillip Sherman left the phone the Fayetteville store in July and that employees promised to secure it until he returned.

Manager Aaron Brummley declined to comment, and other company officials didn't return messages.

Comments

[afgan01]

if you're gonna take nude pics or nearly nude pics then keep it on a cell phone you're asking for it. from there you just run the risk of it ending up online. i've come across a former co-worker on myspace. at work she's miss conservative dress receptioni­st.....in these pics well uh, let's say it's not a business suit.

[jeplanet]

There are many differences between America and Canada, and this is one; Americans are very litigious. You guys sue each other over everything. It seems like every day I'm seeing on the news or reading in the paper about some weirdo lawsuit, and it always has an outragous pricetag.
You get sick - you sue your Doctor.
You fall on the sidewalk - you sue your neighbour
Your kid sucks in school - you sue the teacher
You lose your phone - you sue McDonalds, when it was YOU that lost the phone, and YOU that was stupid enough to have nude pics of your wife on it.
Whatever happened to personal responsibility?
And I'm sure this joker will win, too. Ridiculous.

[alguien]

yeah, but the precedent was started when a woman sued macdonald's (and won) because the coffee was too hot.

[EladInMo]

The results of that suit are a urban legend. The woman was initally awarded a high sum because McDonald's had been sued many times for this same action but they took no steps to rectify the situation of serving scalding hot liquids. Her initial award was greatly reduced and McDonald's was forced to start posting signs about the temperature of their coffee.

[Eric8869]

People always point to that case but why was the coffee hot enough to cause 3rd degree burns?

[gh0st]

People, people...r­ead, don't regurgitate. Do 30 seconds of research on that story, and you will quickly find out that it is NOTHING like what you have been told.

She was not driving, she was parked.
McDonalds admitted in internal emails that their coffee was stupid-hot, but they kept doing this for some cost factors.
They had been informed (mostly through pervious law suits) that their coffee was not safe, was way too hot, etc. They had even been told that if they didn't want to keep their coffee at human tolerable heat levels, they should adjust their labeling to note this.

And here is the capper: the lady did not even want to sue. All she wanted was to have her medical bills paid for. It was McDonalds and no one else that said, "We'll see you in court..."

Yah, I know that isn't nearly as fantastic, nor does it play into our stereotypes nearly as neatly. Probably why the truth hasn't been put out there. When truth is more boring than the fiction, it is the truth that loses out.

[Eric8869]

I'm gonna sue you for pointing that out

[mairs]

I think we should sue Canada for being better than we are.

[wadenelson1]

Two seats (2nd one free) for fat people on Air Canada and you're making fun of us???

[ddanimal]

Whatever happened to the personal responsibility of the a-hole that uploaded the pictures? if this person can be identified, they absolutely should be sued in civil court.

its not ridiculous at all.

[i approve this message]

So how exactly did he find those pictures online?

[therblig]

*69?

[wadenelson1]

was "sesame seed buns" one of his search terms?

[EladInMo]

Let's assume this story is true as the fellow says it happened. It's not illegal to take nude pictures of your wife. He lost his property that held those nude pics. He called the McD's and thhe told him they would keep the phone secure until he arrived to retrieve it. In the meantime, his phone was accessed by someone at McD's and the nude pics were uploaded to the internet. He then discovers his private pictures of his wife online. The embarrassment leads them to move from their home, and file suit to compensate them for their pain and suffering and to punish McD's for this sort of behavior.

Again, if it's true, then they obviously have a case. The restaurant told them they would keep it secure just as restaurants will do whenever a patron leaves their credit card on the table. Imagine if someone were to use that credit card to charge up a few items, nobody here would be crying "fool" or "frivolous lawsuit". Sure you need to take better care to not leave sensitive items laying around, but because they do they're to suffer for it?

Now, after investigation they find that no one at the McD's accessed the phone and the manager can assure investigators that nobody accessed the phone, then this would appear to be a false claim and the requisite fallout is assured to follow.

[Artamentous]

YES, they DO suffer for it, how about taking some personal responsibility and live with the stupidity that you left a phone laying around that had sensitive pictures of your wife. Only person at fault is the husband.

There is no way to prove that some random person didn't just look at the phone and upload the pics before McD's even found it.

This crap is BS. Further I don't see how you could defend a lawsuit of 3 million dollars for finding naked pictures online.

[EladInMo]

Reading comprehension wouldn't be your strong suit (no pun intended).

I wasn't defending them. I clearly set the parameter of assuming the story was correct and how it could logically proceed.

Lets use the credit card scenario to test your conclusion that "stupidity" deserves to be punished. I would consider it stupid to leave your credit card on the table after dining at a restaurant. If the card is then used by a person other than the account holder, would you say the card holder had it coming, or would you say the person using someone else's credit card is committing a criminal act?

The lawsuit isn't for finding maked pictures online, the lawsuit would be the act of accessing personal property and posting them online in a malicious act.

I'm no lawyer and I haven't stayed at a Holiday Inn Express lately, but IF TRUE then the offense is actionable. Let a court decide.

It would now appear to be a hoax, but this is a good debate nonetheless.

[Wiserone]

Especially if a "manager" at Micky D's said he/she would lock it up in a safe until the guy came to retrieve it. However, if the guy called Micky D's and some young kid answered the call and told the guy his phone would be at the restaurant for pick up, one can just imagine how many kids working there wanted to use the phone to talk to their friends before the guy came back to get his phone. The kids probably weren't interested in this guys phone other than to use it for free and probably came upon the pictures accidentedly and the rest is Internet history. I think he and his HAVING to move is more a way of boosting their case for more money.

[thegirlnextdoor]

Not that I care to defend MacDonals, I tried eating in one once in desperation. My car had broken down and the breakfast choices within walking distance were odd. Anyway, I did not really recognize and known food in what I was served.

But, having made that disclaimer, this is rediculous. I am so weary of fools making some stupid mistake, and then suing everyrone is sight.

and, p.s. why did they have to move?

[dutt]

I am outraged. How can people eat that garbage McDonald's tries to pass as food?

[byrdlegs]

Mickey D's is good if you are constipated and all other meds didn't seem to work.
Order 2 "eggMcMoth­erfuckers" and drink a pint of milk and you will be shitting your brains out for days to come.

[BowlingForRevenge]

THIS is EXACTLY what TORT REFORM should address

THIS is an example of a true FRIVOLOUS LAWSUIT

[DangerWillRobinson]

Not frivolous. Once the business owner, or agent acting on behalf of the business owner, accepted responsibility for securing the customers' property, the business (owner) assumes liability.

Here the employees acting on behalf of the business, decided it would be more enjoyable to get their jollies rather than doing the right thing.

It's very simple, really. And not at all frivolous.

[JBS]

Nope. Neither the business owner, the business nor the employee assumes liability.

They wouldn't even be liable for replacing the phone if it wasn't there when the guy showed up to claim it.

It's your phone, you're responsible for keeping up with it.

[petewsh61]

I think it's a great lawsuit. I'd like to think that what's on my cell phone is somewhat private. Should they succesfully sue, that will help ensure other cellphone owners prviacy.

This was not simply a case of finding someones cellphone and looking at it to figure out who the owner is. They had to take the time to download the images and post them online. While they were doing this they had plenty of time to think about what the consequences might be.

[kahn10]

This has nothing to do with Tort reform. Do we not have the right to present suit when we feel wronged? Granted, the case probably has no basis and will likely be dismissed (if it's real, which il looks more and more that this is a hoax), and the plantiff will have to pay the court fees. Tort reform couldn't prevent the suit from being filed without banning people from initially filing suits, which is likely to stopp thousands of valid suits while only stopping some frivilous suits.

[jeffp26]

I wish these idiots good luck with that suit.

They only have one leg to stand on, and its flaccid.

[trynottogiveuphope]

Well played, good sir.

[thelegacymaker]

We hear stories like this everyday, doesn't matter what the details are, the story is always pretty much the same.

Here's a lesson - DON'T TAKE NUDE PICTURES. Problem solved.

[trynottogiveuphope]

Or, if you're gonna take nude pictures, don't freak out if people see them.

Who gives a toss if someone sees your nude photos? Must not be proud of your body.

[sociocanuck]

If you eat regularly at Macdonalds, you might have slightly less to be proud of than others, body-wise. That's simple nutritional fact.

[Topfeeder]

Nude pics of Arkansas wife taken by McDonald's eating husband, no thanks.

[Scoutxx]

ha ha ha...

[jeffp26]

Ah, so you've seen the Arkie hogs.

[i approve this message]

i just threw up a little in my mouth...

[LBA7895]

Why would you be carrying nude photos of your wife on your cellphone, pray tell??

[quiviran]

To show the fellows at work, of course.

[Steelrod]

Where isthe link?

[StrongEagle]

You can search all you want and not find the alleged photos. They would have been spread to at least 200 websites by now. Sounds like a scam to me.

[vakay]

Probably just another one of the Wendy's finger tip in the meal.

[b-rad81]

oh God. This is not McDonald's fault. It's just a bunch of doosh bags that are greedy and want money.