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DVTimes 11-23-2008 06:14 AM

McDonald's sued over nude photos
 
McDonald's sued over nude photos

A US couple is suing McDonald's for $3m (£2m) after nude photos of the woman, which were on her husband's mobile phone, ended up on the internet.

Phillip Sherman says he accidentally left his phone, with the photos, at a McDonald's in Fayetteville, Arkansas.

He says staff promised to secure the phone until he could retrieve it.

The Shermans claim they had to move to a new home after the woman's name, address, and phone number appeared online along with the photos.

Tina Sherman says she began receiving offensive calls and text messages about the pictures from her husband's mobile phone after he left it at the McDonald's on 5 July.

The couple then discovered that the nude pictures she had sent to her husband's phone had been posted online.

The Shermans are suing McDonald's Corporation, the owner of the franchise involved and the restaurant's manager, saying they have suffered emotional distress, embarrassment and damage to their reputations.

They also allege loss of earnings and want to recover the cost of moving to a new home.

McDonald's Corp, the franchise owner and the manager have so far refused to comment on the case.

The nude pictures have been removed from the website that had posted them.

RayBonga 11-23-2008 06:18 AM

wtf, I get all my content like this. That's the only reason I keep my burger flipping job :pimp

DVTimes 11-23-2008 06:19 AM

i wonder where the pics are.

love to see them.

Barefootsies 11-23-2008 06:23 AM

Quote:

Originally Posted by allanuk (Post 15094767)
i wonder where the pics are.

love to see them.

:2 cents:

The Heron 11-23-2008 06:24 AM

gee maybe you shouldn't keep your dirty porn on your phone?

HorseShit 11-23-2008 06:46 AM

bright couple

seeandsee 11-23-2008 06:47 AM

nice, multi million suit, should i do one because i got unsalted freyze?

Klen 11-23-2008 07:03 AM

Quote:

Originally Posted by The Heron (Post 15094769)
gee maybe you shouldn't keep your dirty porn on your phone?

That is curse of easy techology.You take nude shoots of your girlfriend/wife,you forgot on it,then you lose your cellphone and pics shows online.

tony286 11-23-2008 07:05 AM

I dont get why one would leave something like that on their phone. I hope the judge laughs at them.

OnSpec 11-23-2008 07:14 AM

Quote:

Originally Posted by tony404 (Post 15094817)
I dont get why one would leave something like that on their phone. I hope the judge laughs at them.

Secret exhibitionists...

Lycanthrope 11-23-2008 07:18 AM

"I forgot MY camera containing MY pictures at YOUR store so YOU are responsible for it..."

Fucking dumbass.

They really ought to start prosecuting people that litter the court system with frivolous lawsuits.

quantum-x 11-23-2008 08:14 AM

How is this different to someone forgetting a wallet / purse and having someone rifle it, and steal the contents?

I don't agree w/ frivolous lawsuits but it seems these guys have a case...

Franckfurter 11-23-2008 08:20 AM

theft is theft
mcdonalds had possession of the phone when the pics went up
they are responsible
nice money grab

tony286 11-23-2008 08:22 AM

Quote:

Originally Posted by quantum-x (Post 15094948)
How is this different to someone forgetting a wallet / purse and having someone rifle it, and steal the contents?

I don't agree w/ frivolous lawsuits but it seems these guys have a case...

if he got the phone with everything on it still. Is it really stealing? Also how do they know it was actually someone who worked at mcdonalds. Some guy sees a phone looks thru it sees good stuff. Has his laptop there or transfers it to his phone, takes whatever off of the phone and then hands it in.

SuzzyQ 11-23-2008 08:27 AM

Quote:

Originally Posted by Lycanthrope (Post 15094830)
"I forgot MY camera containing MY pictures at YOUR store so YOU are responsible for it..."

Fucking dumbass.

They really ought to start prosecuting people that litter the court system with frivolous lawsuits.

And lack of common sense.

Lycanthrope 11-23-2008 08:30 AM

Quote:

Originally Posted by tony404 (Post 15094961)
if he got the phone with everything on it still. Is it really stealing? Also how do they know it was actually someone who worked at mcdonalds. Some guy sees a phone looks thru it sees good stuff. Has his laptop there or transfers it to his phone, takes whatever off of the phone and then hands it in.

Exactly.

I'm more inclined to believe that joe blow finishing up his #2 looking at his email did that shit and did it quickly...

The point is, they have no idea who did it so they are going after the deepest pockets, knowing full well McDonalds will probably just settle this shit with free McFlurries for life or something...

They, the people that forgot their precious camera, are most at fault here and they shouldn't be able to profit from their negligence.

Bojangles 11-23-2008 08:50 AM

That's funny.

gornyhuy 11-23-2008 08:51 AM

Yep, all McDonald's has to do is say "is there a 5 second period of time when you didn't have possession of the phone and we didn't have possession of the phone yet? If so, FUCK YOU." Secondly they can just say - see that sign on the wall about using our wi-fi at your own risk? FUCK YOU."

:)

Paul Markham 11-23-2008 08:55 AM

Quote:

Originally Posted by tony404 (Post 15094961)
if he got the phone with everything on it still. Is it really stealing? Also how do they know it was actually someone who worked at mcdonalds. Some guy sees a phone looks thru it sees good stuff. Has his laptop there or transfers it to his phone, takes whatever off of the phone and then hands it in.

They will have a problem proving their case, unless they can link the uploading of the pictures to a McDonald's employee. I think McDonald's should bleed them dry in court.

There's an excellent idea here for a porn site. For those who can think it through.

LiveDose 11-23-2008 08:55 AM

Gotta love this country!

The Duck 11-23-2008 08:57 AM

How the fuck is this Mcdonalds fault.

LiveDose 11-23-2008 08:58 AM

http://www.popcrunch.com/wp-content/...hotographs.jpg

woof woof

PR|Jordan 11-23-2008 09:04 AM

someone find these pics - we need a pool on this girl - id say most hot chicks dont go to mcdonalds :)

tammix 11-23-2008 09:51 AM

can't they settle this for a Happy Meal?

Darkland 11-23-2008 10:33 AM

Quote:

Originally Posted by tony404 (Post 15094817)
I dont get why one would leave something like that on their phone. I hope the judge laughs at them.

You not getting why someone would do that does not mean they don't have a case. This IS the United States and last time I checked it was still a free country.

Quote:

Originally Posted by tony404 (Post 15094961)
if he got the phone with everything on it still. Is it really stealing? Also how do they know it was actually someone who worked at mcdonalds. Some guy sees a phone looks thru it sees good stuff. Has his laptop there or transfers it to his phone, takes whatever off of the phone and then hands it in.

And that matters how? I bet you are the type that downloads all his music and movies for free, ripping off all the artists. I mean you're not REALLY taking it from them right? They still have their possession of it right? It isn't REALLY stealing since it isn't tangible, right?

DonX 11-23-2008 10:35 AM

"I'm Loving It" :thumbsup

andy83 11-23-2008 11:10 AM

Quote:

Originally Posted by DonX (Post 15095214)
"I'm Loving It" :thumbsup

lol.. :thumbsup :)

stickyfingerz 11-23-2008 11:23 AM

Quote:

Originally Posted by seeandsee (Post 15094789)
nice, multi million suit, should i do one because i got unsalted freyze?

what country are you from? Freyze? Really? Did you mean Fries? I would even accept Frys. But freyze? :uhoh

baddog 11-23-2008 12:38 PM

Quote:

Originally Posted by tony404 (Post 15094817)
I dont get why one would leave something like that on their phone. I hope the judge laughs at them.

He won't.

I wonder what law school you guys went to.

tony286 11-23-2008 12:56 PM

Quote:

Originally Posted by Darkland (Post 15095207)
You not getting why someone would do that does not mean they don't have a case. This IS the United States and last time I checked it was still a free country.



And that matters how? I bet you are the type that downloads all his music and movies for free, ripping off all the artists. I mean you're not REALLY taking it from them right? They still have their possession of it right? It isn't REALLY stealing since it isn't tangible, right?

What does the US being a free country and me thinking they dont have case how to do with one another? lol
Well you bet wrong, I produce content I dont like anyone taking my work and I dont take anyone else's. If it was so important to him and so personal he shouldn't of left it in mcdonalds dontcha think?
Ive had a cell phone for over 10 yrs never left one any where.

tony286 11-23-2008 12:57 PM

Quote:

Originally Posted by baddog (Post 15095434)
He won't.

I wonder what law school you guys went to.

the law school that says you have to prove intent.

VeriSexy 11-23-2008 01:05 PM

The person does have an arguement

Ayla_SquareTurtle 11-23-2008 01:10 PM

Seems like McDonald's mistake was claiming to have the phone and offering to keep it secure.

C_U_Next_Tuesday 11-23-2008 01:14 PM

Quote:

He says staff promised to secure the phone until he could retrieve it.
Seems the staff should have just left it on the table and not made promises they didnt intend to keep.

I hope they rape McD's for some loot...McD's doesnt hurt for any kind of money and the only thing they have contributed to this world is disease from eating the garbage they call "food".

:2 cents:

13th' wife 11-23-2008 01:15 PM

Quote:

Originally Posted by gornyhuy (Post 15095005)
Yep, all McDonald's has to do is say "is there a 5 second period of time when you didn't have possession of the phone and we didn't have possession of the phone yet? If so, FUCK YOU." Secondly they can just say - see that sign on the wall about using our wi-fi at your own risk? FUCK YOU."

:)

Honestly hope mcdy's can prove that :thumbsup

SilentKnight 11-23-2008 01:31 PM

Quote:

Originally Posted by C_U_Next_Tuesday (Post 15095504)
I hope they rape McD's for some loot...McD's doesnt hurt for any kind of money and the only thing they have contributed to this world is disease from eating the garbage they call "food".

:2 cents:

Oh, really?

Tens of thousands of grateful children just called you a dumbass.

http://www.rmhc.ca/HomeEn.aspx

http://www.newchildrenshospitalappea..._logoBrgb2.jpg

donkevlar 11-23-2008 02:06 PM

Why are you guys defending fucking McDonalds?

Sue them for every ridiculous thing you can think of, fuck em. I'm on my way over now to choke on a napkin.

donkevlar 11-23-2008 02:09 PM

Quote:

Originally Posted by SilentKnight (Post 15095561)
Oh, really?

Tens of thousands of grateful children just called you a dumbass.

http://www.rmhc.ca/HomeEn.aspx

http://www.newchildrenshospitalappea..._logoBrgb2.jpg

A lot of those grateful children became fucked up due to their burger inhaling parents. If we measure the bad McDonalds does vs the good it does I'm sure you'd change your mind.

Darkland 11-23-2008 02:11 PM

Quote:

Originally Posted by tony404 (Post 15095469)
What does the US being a free country and me thinking they dont have case how to do with one another? lol

Typical... Maybe re-read what I said. Just because YOU wouldn't do that doesn't mean people don't. And because YOU don't doesn't mean they don't have a case. I mean if you were a lawyer you wouldn't be peddling porn so your opinion amounts to :2 cents: just as mine does. BUT...
Quote:

Originally Posted by tony404 (Post 15095469)
Well you bet wrong, I produce content I dont like anyone taking my work and I dont take anyone else's. If it was so important to him and so personal he shouldn't of left it in mcdonalds dontcha think?
Ive had a cell phone for over 10 yrs never left one any where.

I said that to see how you would respond and it was typical and ignoring of the comparison.

Shit happens, you forget something somewhere, you address it as soon as you are aware, you make contact, business says, "We got it... We will hold it for you." Where in ANY of that did it make it okay for his phone to be looked through? Were in ANY of that did it make it okay for images to be removed from his phone? Were in ANY of that did it make it okay to post those images on the web?

Obviously not everyone is as "Perfect" as you, but that certainly does not mean a wrong wasn't comitted here. And if you don't think there was I am not sure what that says about you.

germ 11-23-2008 02:33 PM

Quote:

Originally Posted by SilentKnight (Post 15095561)
Oh, really?

Tens of thousands of grateful children just called you a dumbass.

http://www.rmhc.ca/HomeEn.aspx

http://www.newchildrenshospitalappea..._logoBrgb2.jpg

I was thinking the exact same thing. :thumbsup

baddog 11-23-2008 02:43 PM

Quote:

Originally Posted by tony404 (Post 15095472)
the law school that says you have to prove intent.

So, it is your contention that McDonald's corp had to have intent? Their employees are not their responsibility?

clickyclick 11-23-2008 02:45 PM

Quote:

Originally Posted by tammix (Post 15095121)
can't they settle this for a Happy Meal?

:thumbsup:thumbsup:thumbsup

bbm 11-23-2008 03:06 PM

nice idea :)

Trixie 11-23-2008 03:12 PM

People seem to be forgetting that it's not just the pictures, but posting her personal information (name, address, etc.) alongside them that's an ADDITIONAL violation. I doubt the husband did that himself.

commonsense 11-23-2008 03:15 PM

Quote:

Originally Posted by baddog (Post 15095757)
So, it is your contention that McDonald's corp had to have intent? Their employees are not their responsibility?

To what extent would they be responsible? There's limits to everything, the entire suit is foolish. :2 cents:

Trixie 11-23-2008 03:18 PM

Quote:

Originally Posted by commonsense (Post 15095829)
To what extent would they be responsible? There's limits to everything, the entire suit is foolish. :2 cents:

Foolish? Your personal data is posted on the internet with naked pics and you don't think someone should be held responsible?

Unless of course the couple set the whole thing up / did it themselves to try to get money . . .

baddog 11-23-2008 03:22 PM

Quote:

Originally Posted by donkevlar (Post 15095680)
A lot of those grateful children became fucked up due to their burger inhaling parents. If we measure the bad McDonalds does vs the good it does I'm sure you'd change your mind.

Really? You have proof that McDonald's causes cancer? That would be a nice lawsuit.

Quote:

Originally Posted by commonsense (Post 15095829)
To what extent would they be responsible? There's limits to everything, the entire suit is foolish. :2 cents:

"respondeat superior" would be a start.

C_U_Next_Tuesday 11-23-2008 03:40 PM

Quote:

Originally Posted by SilentKnight (Post 15095561)
Oh, really?

Tens of thousands of grateful children just called you a dumbass.

http://www.rmhc.ca/HomeEn.aspx

http://www.newchildrenshospitalappea..._logoBrgb2.jpg


Thats like giving the ciggarette companies a big hand for funding lung cancer research.

alot of diseases and illnesses stem from unhealthy living and parents feeding their kids that garbage on a frequent basis.

10s of thousands of children can thank the donors, it sure as hell isnt all on McD's shoulders. They ask for money and have corporate and celebrity sponsors.

Malicious Biz 11-23-2008 03:42 PM

Quote:

Originally Posted by kandah (Post 15095023)
How the fuck is this Mcdonalds fault.

Because the people who actually may be responsible only make minimum wage. therefore, have shallow pockets

SilentKnight 11-23-2008 03:46 PM

Quote:

Originally Posted by donkevlar (Post 15095680)
A lot of those grateful children became fucked up due to their burger inhaling parents. If we measure the bad McDonalds does vs the good it does I'm sure you'd change your mind.

Wow...eating a Big Mac can cause birth defects, childhood diseases and cancer.

Who knew.

Please tell me you don't actually believe the ridiculous nonsense you've expressed above. If so, following your logic...your parents must've eaten a lot of Ronald burgers. :1orglaugh:1orglaugh


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