There is low and then there is this....

[mrsv98]

Nice way to treat family...

Mine survivor’s wife sues his brother for photo
National Enquirer taboid also sued for publishing shot of comatose McCloy

Updated: 6:11 p.m. ET Feb. 8, 2006
GRAFTON, W.Va. - The wife of Sago Mine survivor Randal McCloy Jr. is suing her brother-in-law for taking pictures of her comatose husband and selling them to the National Enquirer.

Anna McCloy's lawsuit seeks unspecified damages from Matthew McCloy, the supermarket tabloid and its parent, American Media Inc.

The family has said Matthew McCloy was paid $800 for a photograph that appeared in the National Enquirer last month of Randal McCloy on life support at a West Virginia hospital.

McCloy was one of 13 miners caught in a Jan. 2 explosion at the Sago Mine. One miner was killed by the blast, and 11 others died of carbon monoxide poisoning.

No telephone listing for Matthew McCloy could be found.

American Media said it did nothing illegal in publishing the photo and the accompanying story.

"Matthew McCloy's intent in cooperating with the story was to call attention to the very serious issue of mine safety — a view fully supported by The National Enquirer. No one intended to do anything to harm Randal McCloy," spokeswoman Barrie Gordon said.

The lawsuit, filed in state court last week, replaces a suit filed against the tabloid last month in federal court.

 

[luv2nascar]

who is low and then who is lower
the wife for suing??? or the brother for taking a picture of his comatose brother and selling it to inquirer. Its a draw for me.

 

[Caradana]

Aside from the obvious, another low to this story is that this idiot took only $800 for the picture. The Enquirer would've paid ten times that.

 

[Wishing on a star]

The brother and the magazine are the lowest.

How can they even publish something like this without a release from the person? (or, in this case, the wife, since he was obviously incapacitated....)

The wife may not be suing just for the money... She may be calling attention to the fact that her and her husbands rights have indeed been violated.

 

[minkydog]

who is low and then who is lower
the wife for suing??? or the brother for taking a picture of his comatose brother and selling it to inquirer. Its a draw for me.

Are you kidding?? If my BIL took pictures of my comatose husband and allowed them to be published for any reason, I'd see him in court. I think it's a spouse's #1 job to be protective in such a crisis. In this situation the spouse would normally be making all healthcare and business decisions on his behalf( if the spouse has been given made Durable Power of Attorney by his or a court's decision.) In the eyes of the law no one had the right to invade his privacy and produce pictures of him for any reason, except his wife. and she did not give consent.So, yeah...I hope she sues the pants off him. IMO, a brother who would do such a thing when a man is at his lowest deserves no mercy.

 

[poohandwendy]

Aside from the obvious, another low to this story is that this idiot took only $800 for the picture. The Enquirer would've paid ten times that.

I was thinking the same thing.


Let's be honest, this is not a very educated person. Sounds like someone who is financially desperate. Anyone who would sell the picture of their comatose family member to ANYONE for $800 is hard up for money to keep the electric from being shut off, KWIM? JMHO

It is very unlikely that she will get any blood from this turnip, but she may have to a case against the tabloid and has to sue the brother to pursue her case. I dunno. A lawsuit would be the least of his concerns if my BIL pulled a stunt like that.

 

[Pooh67_68]

A lawsuit would be the least of his concerns if my BIL pulled a stunt like that.

You got that right.

 

[BuckNaked]

A lawsuit would be the least of his concerns if my BIL pulled a stunt like that.

Yep. But by the same token, if I were the wife, a lawsuit against my BIL would be the least of my concerns as well. Not saying that what the brother did was right - it wasnt', IMO - but suing him wouldn't be something I'd be worried about at this point.

 

[LindsayDunn228]

Oh man. This is just beyond sad.

 

[Mermaid02]

Brotherly love at it's finest. What a jerk.

 

[Poohnatic]

Yep. But by the same token, if I were the wife, a lawsuit against my BIL would be the least of my concerns as well. Not saying that what the brother did was right - it wasnt', IMO - but suing him wouldn't be something I'd be worried about at this point.

I think she has to go after him AND the rag that published it. If she just sued the Enquirer, they'd probably get it thrown out because she DIDN'T sue him.

BIL is a primo jerk. I agree with PAW, a lawsuit would be the least of his worries.

Suzanne

 

[BuckNaked]

I think she has to go after him AND the rag that published it. If she just sued the Enquirer, they'd probably get it thrown out because she DIDN'T sue him.

That's my point - if my DH were in the hospital suffering from injuries like this, suing anyone wouldn't be anywhere near the top of my list. I would be pissed beyond belief, but other than money, what is the point of a lawsuit?

 

[hentob]

I guess if her BIL is that desperate for a measly $800, I would have to feel sorry for him. What does she think she will get from him? The man is obviously dead broke!

Really, if my husband were laying in a coma, I couldn't even think about court cases or lawyers right now.

 

[Southern4sure]

I think she has to go after him AND the rag that published it. If she just sued the Enquirer, they'd probably get it thrown out because she DIDN'T sue him.

BIL is a primo jerk. I agree with PAW, a lawsuit would be the least of his worries.

Suzanne

ITA.....

Maybe the BIL has been a thorn in the side for this family and this was just icing on the cake. I feel with the BIL it is not about money but he has to be named in the suit since he took the pictures with the camera which was given to him by the Magazine. I'm not sure but I would think the Magazine (which is always being sued) would have every angel covered to get out of this suit. The sooner the suit is filed the better IMHO. I can't blame the wife for her actions and I would do exactly what she is doing legally and deal with BIL personally. I can't imagine what the wife is going through and have to deal with this on top of it due to the stupidity of the BIL is unbelievable.......

 

[jonestavern]

That's my point - if my DH were in the hospital suffering from injuries like this, suing anyone wouldn't be anywhere near the top of my list. I would be pissed beyond belief, but other than money, what is the point of a lawsuit?

if enough folks sued the Enquirer (& other such media) for these outrages & were awarded the big bucks, those in the media who insist upon acting like vultures(I'm sure in this case I'm libeling the vultures!) would soon find it unprofitable to go the slime route--

Also, what Poohnatic said is possible, you need to sue the BIL to get to the rag paper. Wishing on a star & minkydog, I'm with you on this one
does anyone know if the BIL is playing with a full deck? what I mean are there other issues? the $800 does seem wicked low ball to make any sense--


Jean

 

[Alicnwondrln]

well the brother must be a stupid idiot
only 800 bucks, im sure many others would have paid more