Defendant mayor of Medical Lake, Washington, exhibited to at least one person what appeared to be police photographs of the plaintiff, together with what appeared to be an "F.B.I. record" on him. Neither the photographs nor the "F.B.I. record" were what they appeared to be, but defendant indicated they represented criminal convictions of plaintiff. Plaintiff brought suit for defamation and invasion of privacy, and a jury returned favorable verdicts on both counts. However, the trial court granted defendant's motion for judgment notwithstanding the verdict on the invasion of privacy count. Plaintiff appealed, contending right of privacy should be recognized in Washington and damages should be allowed on both counts. Held: Damages could not be recovered for both defamation and invasion of privacy, as to do so would permit double recovery for identical elements of damage resulting from a single tortious act. Brink v. Griffith, 65 Wn. 2d 253, 396 P.2d 793 (1964).
Duplication of Damages: Invasion of Privacy and Defamation,
Wash. L. & Rev.
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