Defendant's Attorney: Not Available

Description:

Anniston, Alabama personal injury lawyer represented the Plaintiff who sued violation-of-the-right-of-publicity.


South and Gillette were married until Gillette's death on August 19, 2014, at the age of 49. They had one daughter together ("the daughter"), who was three and one-half years old at the time of Gillette's death. The couple had lived together in a former school building in Jacksonville ("the school building"); they were living in the school building at the time of the daughter's birth, and South and the daughter moved out of the school building weeks after Gillette's death.

This case involves an episode of a show titled Ghostly Encounters that was filmed in the school building. Ghostly Encounters was distributed on Regional Prime's channel, which was available on Roku streaming platform. Regional Prime is owned by Hubbard, and Hubbard is the sole employee of Regional Prime. Hubbard testified that he started Regional Prime as a community service "because we lived in what they call a media depressed area of Alabama and nobody was able to be -- to get news or entertainment." Hubbard produced various shows that appeared on Regional Prime's channel. When asked about the different types of shows on the channel, Hubbard replied:

"Oh, we got silly things. One is kind of a comedy. And we got one that's kind of drama. But it's all amateur stuff, you know, same as this. We tried for a year and a half to do local news and tried to make it like a news presentation. But at the end of the day it gets to be a lot of work for no reward because, you know, I fund all this myself, and you know, the advertisers that I have, 92 percent of them are as a courtesy and the 7, 8 percent of them that pays some sort of remuneration doesn't even cover a 10th of the cost of running the platform."

He further testified that Regional Prime offered different categories of shows, including documentaries in which he would interview various people. When asked if he would fact-check the information provided by the people he interviewed, he replied:

"No, because you -- nobody does that. You don't go back and just fact-check everything unless you're putting it out as factual. If I'm putting this out -- say when we were doing the news, yeah, we did as much of that as we could. But if I'm just sitting there interviewing John Smith and he tells me he's a graduate of this and he done that, I'm not going to fact-check that. I'm going to take him for his word just like everybody else does. Because it didn't benefit me one way or the other nor is it detrimental to me one way or the other whether what he said is, you know, true or not. That's what it makes him look like, not me. You know, all I do is casually interview these people, you know, as a community service."

He testified that if he knew beforehand that someone was telling him a lie, he would not publish it and that he probably would not go through with the interview. Hubbard went on to state:

"And if by some chance -- this has never happened, but if by some chance I had interviewed somebody and found out 100 percent factually that what I had just interviewed was totally erroneous then I would either not release it or take it down. But, you know, having found out factually not just cause someone said so."

One of the shows on Regional Prime's channel is Ghostly Encounters. Hubbard testified that he had known Jessica King, a purported psychic medium who is referred to in the show as "Clairvoyant Jess," for 15 to 20 years. He testified that King had told him she would like to do a show on the channel, that he had told her he would come and follow her around one day, and that they would see if they could make a show of it. Hubbard testified that they had made six episodes of the show in three years.

This case arises from episode three of Ghostly Encounters ("the episode"), which has a 2019 copyright date. Hubbard testified that he filmed, edited, directed, produced, and distributed the episode.[1] With regard to the episode, Hubbard testified that King had telephoned him and told him about the school building in Jacksonville. He testified that King had told him that a paranormal group had gotten in touch with her and was asking for help in evaluating what was going on there, that "they're going to allow us to film," and that she thought it would be a good episode. Hubbard testified that King asked him if he wanted to come along and that he said he would. Hubbard testified that he, King, and Kiara Woods, another purported psychic medium, went to the school building and that there were actually three or four paranormal groups at the school building. He testified that, about half an hour after they arrived, Michael West showed up at the school building, identified himself as the owner of the building,[2] and gave everyone a speech about being careful because there were nails, debris, and broken glass in the building; that West had keys to the building; that West unlocked the front door of the building and welcomed everyone inside; and that the groups then went in various directions. Hubbard testified that West chatted with King and that, based on that chat, West led them to different parts of the building. He also testified that West had keys to the rear doors of the school building and to some interconnecting doors in the building. With regard to the episode, Hubbard testified:

"And all I did was show up because [King] told me to show up and I showed up there. I followed her around. I tried to do some little engagement like you would as a host, and the show

-- I mean, it's her show. I mean, I put it out simply because I could."

In the episode, Hubbard, King, and Woods toured the school building. During the episode, King talked about things that she purportedly heard, sensations she purportedly experienced, and feelings she purportedly had while in the building. Woods talked about the energy of various rooms, colors she sensed in various rooms, and feelings she experienced. At the beginning of the episode, King stated that, after she had originally received information regarding the building from a woman, a man "came," or appeared, to her at her house. She stated that she then talked to the woman who had originally contacted her, that she gave that woman the description of the man who had "come" to her, and that that woman told her she had a photograph of that man. King stated that Woods had also gotten the premonition or feeling that the school building had been turned into a home. When Hubbard said West had said something about turning the school building into a home, King said that the premonition or feeling related to an earlier time; that, right after the school had closed, the person who had purchased the school building had planned to use part of the building as a home and part of the building as a business; and that King thought that that person had actually died there. Woods stated that she planned to walk around the school building and read the energy and the colors of the rooms. Hubbard asked if they were at the school building for investigatory purposes and not a cleansing, and King stated that they were not there for a cleansing. King stated that she was going to walk around the school building and that she wanted to see how the other paranormal groups worked. Hubbard stated that there were two paranormal groups at the school building. At one point, King stated that they were going to walk around and see what they "got" from different rooms and to get a person named Melissa from the group called "Backwoods Paranormal" to verify some of the things that had already been confirmed for Melissa. King stated that she was going to get Melissa to see if she could walk with the Ghostly Encounters group.

The camera then showed a room that appeared to be a gymnasium. Various items, which included stacks of what appeared to be seat cushions, were strewn about the room. In the next scene, King talked to another woman and asked about some of the items piled in the room.[3]The woman said that someone had said that a man whom she referred to only as "he" had used some of the items for puppets and that "he" had also had a music room. King said that she had noticed the walls, and the other woman said that "he" had tried to make the room soundproof. King said that she had also been getting a feeling about the room being soundproof and that she also kept "hearing" something about trying to keep something out. King asked the woman if she knew anything about paranoia and said that she felt that there was a lot of paranoia. The woman replied: "Oh, yeah, I think he was, he was very ...." She then stated that "[h]is wife left him because he was .... "and then gestured to her head. King also said that she was picking up on a lot of vomiting. The other woman said that "he" had had a massive heart attack, that "he" had drunk himself to death, and that it had been weeks before anyone found "him" after "he" had died there. King said that that made sense, that she kept getting a feeling that she was not steady on her feet and that she was going to vomit, and that drunk would match feeling. The woman said that, in the basement, there were beds like doctor beds piled up and that "they" had said that, many years ago, back in the 1800s or 1900s, sick children would be taken in there and would die. King stated that she was also getting an elevated fever or that something was hitting her at the same time, that she did not know where that was coming from, and that it would rise all of a sudden and she would get really hot. The two then talked about things they did to be spiritually safe.

Subsequently, King talked to West, who was identified as the present owner of the school building. West stated that he and his partner had purchased the school building, that they thought it would be the perfect place for a haunted house, and that weird things started happening after they began working in the school building. King told West that, as soon as she had been provided with the address for the school building, a man with a handlebar moustache immediately "came" to her. West replied that that was "Pierre." King stated that the man had not told her his name and that he was creepy and stared at her a lot. West told King that Pierre used to build and design puppets, and King replied that she "got" that from the man. West told her that, for the most part, everything was as Pierre left it but that they had started doing some cleanup and redesigning. West told King that it had been an experience. King said that she wanted to warn West that it would continue to be an experience as he continued to work on the school building. West said that he thought that it had gotten worse, and King stated that it was going to escalate. While talking, King told West that there was a lot of energy in the building and that she "got so much sickness" in the building. West told her that, when the building was still a school, any children who got sick or came down with a bad disease would be quarantined in the basement. King stated that the other woman had just told her that. King told West that she had picked up on dizziness and vomiting, that she was disoriented, and that she had a rise in temperature. King stated that the other woman had said that Pierre had a drinking problem. King said that she kept "hearing" mentally unstable. West said that Pierre did have a drinking problem. West also stated that, during the cleanup process, they had found letters that Pierre's wife had written to another man and that, in the letters, Pierre's wife described herself and said that the reason she was leaving him was because he was physically abusive. King responded that she had told the man who had appeared to her at her house that he could only stay if he kept his hands off of her and that, if he touched her, he was gone. West went on to state that Pierre had been physically abusive to his wife. He then clarified that that was according to the letters and that he had not known Pierre. King then stated that she could say for sure that Pierre was physically abusive to his wife; that, the way he "came" to her, he was very demeaning as far as his stature and how he approached her; and that that was based on his spirit.

During the episode, West told King about an old rocking horse in the school building. King stated that it would rock on its own, and West agreed that it would. King said that that was what she had "just heard." West also said that, if you walked into a room, the rocking horse would turn and face you. West stated that no one had keys to the school building except him and his partner; that the building was completely secure; that nobody could come in from the outside; and when he came into the school building one day, the rocking horse had moved to the opposite side of the building. At some point, West showed King the rocking horse. King said that the rocking horse had to go, that there was a certain way they would have to get rid of it, that she would have to think about how to get rid of it to make sure it was done safely, that there was "something" with the rocking horse; and that "something" was really bad. West took King to another area of the school building near a staircase and told King that he had smelled a bad sulfur smell in the area and that it had felt like somebody was looking at him while he was down there. King said that it felt like there were eyes on you. She also said that the sulfur smell signified the presence of a demonic entity, that the energy shift in another area was a portal, that there was a free-flowing gate of energy from "them" coming in and out, and that the portal could be closed or blocked off.

The group went downstairs to another area of the school building. As they approached a room, Woods bent over and made a noise. West said that that was the room where the children had been kept. At one point, Woods stated that she might throw up. West said that the beds could be seen to the right. King said sickness was trapped in the room, and Woods stated that the energy of the room was black and that the hallway was muddy green and brown. King stated that that meant that the root of the issues in the school building was down there. Woods and King pointed to a corner. Woods started to walk away and said that she was nauseous. King called her back. King told Woods not to run away from "him"; to keep "him" over there; that if Woods walked away, that meant "he" was winning; and that they were not going to give "him" that. West asked if someone was in the corner, and King said "yeah." King asked Woods if she had seen a light form in that corner, and Woods agreed that she had. King then told Hubbard that a light had flashed in the corner for a brief second and that it was weird. West said that no one had ever been able to tell them what the rooms down there were for and that those rooms were not classrooms. Woods said that harm had happened in those rooms. King said that there were things that were not right that had happened to children in that room. Woods said that she felt something about the school and that it had happened like a cover-up. King then stated: "There was some twisted s--t. I mean that's all I can tell you." King told Woods that she had been told that children who were sick had been brought down to the basement and left to die. King also said that the black energy and the sickness they were feeling made sense.

At some point, King looked around, said "Quit touching me!," and brushed her arm even though no one was around her. King then stated: "I got my a-- grabbed upstairs, and now something is poking me." As King was talking to West and walking away, she said: "Stop touching me."

In another scene, West took the group into another room, which he said was the cafeteria, and also pointed out the kitchen. King exclaimed and said that this was where "they" got sick, and Woods made noises of agreement. King said that "it" was in the food, and Woods again agreed. King said that it was on purpose and that "they made them sick."

In the next scene, West said that the room they were in was "their" bedroom after "they" got married and that that was where "they" lived. King commented about a cartoon painting of Jesus on the wall. West told her that the school building had been a church before Pierre bought it. He stated that Pierre did not want to redecorate it, so he had left it the way it was. Woods commented that it felt like she had been hit in the ribs. Hubbard then asked West if he knew what years Pierre had lived in the school building. West stated that he did not know the exact dates, that the school building had been empty for about six years, and that he wanted to say that Pierre and his wife had lived there for three years. King then stated that that was the room "he" would beat "her" in because she and Woods had been punched in the ribs as soon as they came in. King asked Woods if she remembered telephoning her and telling her that she kept getting a shot to the ribs, and Woods said "yeah" and nodded in agreement. King said that she did not know what that was and that she guessed that that was the energy emanating from where "he" used to abuse "her." Woods gestured to a closet area and stated: "She was locked in there too." West told them that the windows to the closet area had been covered with plywood but he had taken it off. King stated that "she" got put in there.

In a subsequent scene, West brought out a pair of old shorts and asked if King had any ideas. King replied: "Some weird S&M s--t, I don't know." Hubbard then stated that they were lederhosen, and he said that they were either German or from Germany. West stated that he had found them in a closet underneath a bunch of things. Hubbard said: "Well, if he was French, with a name like Pierre--." West then interjected and said that "he" was a lot bigger than that. King then said, "little boys," and Woods stated that they were for little boys. West then showed the inside of the waistband, which said "lederhosen." King pointed out that that was what Hubbard had said, and Woods and King said that lederhosen were German. West said that he had found them, but he was not really sure what they were. Woods said something about a costume. King said that she knew, made a comment about a costume, and then made a face and a noise. King repeatedly stated that the lederhosen were for a little boy and said that that was what she was "hearing."

West then took the group to another room and said that the piano in the room was the oldest piano in the school building. King asked if there was another piano in the building, and West said that there was a piano in every room and that Pierre had fixed and tuned pianos. Someone made a comment about the pied piper, and Woods stated: "[I]t's like the pied piper ... play the music for children." Woods then made a face at the camera and said it was a little sick and twisted. King then stated: "The music, the puppets, and that makes sense for, you know, also being a little drawn to something he shouldn't have been." King then made a comment about "him" putting "his" hands on women, that that was just wrong, and that somebody should have tased "him."

In the next room, King gestured to a wooden frame and stated that that was "his" bed up there, and the room was "his" first bedroom before "his" wife moved in, that that was where "his" bed had been, and that the bed had been taken down. West told them that the mattress and/or box springs from the bed was in another room. He also told them that there had been a box around the top where a person could not see it and that they had removed the box. King made a comment about not wanting something being done to be seen and that it tied into the paranoia she was "getting." She then said that the paranoia was from touching little boys' "no-no squares." West then pulled out two puppets and showed them to King. He said that one of the puppets was one of Pierre's completed puppets. At some point, Woods stated that she felt that "he" had used the puppets as bait; that "he" had everything sealed off; and that, when "they" got out of line, "he" poisoned "them" and killed "them." She said it was sick, but that that was the full picture. King said that she knew. Hubbard then asked if Woods actually got the feeling "he" had killed, and Woods replied, "through poison, yeah, through the food." King said that she thought the poison in the food was when the school was open. She said that she thought the first part of Woods's statement was right but that the latter part was when the school was open. Subsequently, King asked West if he knew where "he" had died, and West said that he did not.

The group went into another room, and West said that that was where Pierre had played drums and played in a band. The comment was made: "He had a band of something." West stated that that room was soundproofed. The camera panned around the room and showed items that appeared to be pieces of foam against a wall and some sort of material on the ceiling.

West then took the group into another room. West said that that room had been full of personal belongings and that that was where the letters had been found. Woods picked up a strip of film negatives from the floor, and West stated that there were a lot of undeveloped photographs. Woods held up the strip to the light and said that she could see a person, two people with a lantern, what looked like a ball, a woman in a dress, and another person taking a picture. She picked up another strip, and she said that it looked like the same people. She also picked up some other film strips and stated that one of them had pictures on it but that she could not make them out. King then came back into the shot, held up a photograph, said that that was the man that had "come" to her and asked Hubbard to get a closeup. The photograph showed a man sitting at a table. At trial, South testified that the man in the photograph was Gillette. Hubbard said that the man looked French, and King said that he looked "like an a--hole."

The group went into another room, and West said that they had found two hospital beds in the room. Woods said that she was feeling pain in her lower left abdomen. King said that there were some interesting things in the room, that she just did not know what "he" was doing, and that it was just strange. West said that there was a little bit of everything and that none of it made sense. West also told the group that there were a lot of drawings, including a lot of drawings of weird things. Woods held up some of the drawings, which included a drawing of a little boy sitting in chair, a drawing of a dog, and a drawing of two little girls. A sketchpad and a drawing of a house were also shown. At one point, King commented that there were a lot of children that "he" seemed to be drawn to drawing. West said that he did not know if they were "his" personal drawings. Hubbard pointed out that somebody had signed the drawings and that it appeared to say something like "Jennifer Frank Farmer."

Later, West directed King to a bathroom and stated that there was the wreath off of a grave inside. Inside the bathroom was what appeared to be a funeral wreath on a stand. King said that somebody could not breathe in there, that there was something about breathing in there, and that that was the only room where she had felt like she was being suffocated or something. She also stated that someone was touching her again and that it reminded her of "the a-- grabbing" earlier. King asked Woods if she heard a ringing, and Woods said that she did.

Out in a hallway, there were lockers and a set of double doors with a chain and a padlock. West used a key to unlock the padlock. At some point, King looked behind her and said: "Stop." West opened the door to the outside and King stated that she was getting a weird feeling. West closed the doors and then chained and locked them again.

The group then went into a room off the hallway, and West told them that that was the room where the rocking horse originally had been located. King commented about Bible verses that were written on the chalkboard. She asked West if "he" had left it all there from when it was a church, and West stated that he did not really know. King stated that that was just strange. Hubbard then asked King what she thought about a chiropractor's table being in the room. King responded, "Again, boys' no-no squares," and said that there was something off with that. She stated that there were pool tables in one room, that "he" had his bed on stilts in another room, that there was something going on, and that it was weird. As he was plugging in the table, West said that everybody had said that it was a chiropractor's table, but that he was not sure. King said that she had never seen a chiropractor's table like that. King then stated: "Have you ever been to a chiropractor that does that? Seriously, look at it, Tom."

In the next scene, they were in a girls' bathroom. King stated that that was where "they" actually felt safe.

Toward the end of the episode, King and Woods were standing outside the building. Hubbard stated that it appeared that the man who had lived there was French and creepy. Hubbard commented about the bed on stilts. He also said: "Okay, I get being a puppeteer ... because the Muppets guy was famous for being a puppeteer." However, he stated that that seemed a little more of a creepy factor than it was anything else and then commented on the drawings of the children and some of the film negatives they had seen. King asked Hubbard if he had seen something creepy on those, and Hubbard said that they could not really define what was on them by holding them up to the light, that there were things on the negatives, and that it would be interesting to have them developed. He commented about the photograph that King had found, and King responded that it looked just like the man who had "come" to her and that it was exactly what she had described to the woman who had originally contacted her. Hubbard then said that they were outside because the air was fresh and it had been very hot and stuffy inside the school building. King then said that the energy in the school building was extremely heavy and that there were places where the energy felt like walls. Hubbard then commented on the chiropractor's table and the hospital beds, and Woods pointed out the rocking horse. King stated that the rocking horse would turn and follow you and that that would be uncomfortable. Hubbard stated that there were a lot of interesting things in the school building that could not be explained and that it was very fortunate that West had walked around with them to give them insight and perspective on what King had already surmised. King stated that it was nice to have validation of what she and Woods had "gotten" and that she was making sure they got some information about what they had "gotten." Hubbard then asked King about her initial general take on the paranormal aspect of the school building. King stated that she had told West that it was going to escalate because "they" were not happy about the fact that West was about to start doing renovations. Hubbard commented about disturbing "their" home, and King said that "they" were feeling very disturbed, that "they" were not happy about it, that "they" wanted it to stay exactly like it was, and that "they" did not like anybody in the school building. Hubbard then asked Woods her opinion, and she stated that the school building was yucky, disturbing, and full of low vibration. Woods stated that there was a lot of muddy brown, muddy green, and black colors, and she agreed that that was negative. Woods stated that there was low vibration in the school building and that that was why it was so thick and so hot and stuffy in the building. Hubbard stated that some things were pretty creepy. He also stated that the soundproofing in multiple rooms was the thing that really made him go "there was some s--t going on here." Hubbard stated that he could understand having one music room where you wanted to record but noted that there were a lot of rooms with soundproofing. King said that she had "gotten" that "he" was trying to keep the sound in and that "he" did not want the sound of what was being done in there to get outside. King also stated that "he" had a lot of paranoia and that she thought that the paranoia was because of the things "he" had done in the building. King said that, if a person was touching little boys' "no-no squares," it was not a good thing. Hubbard then said: "So we have a paranormal pedo." King agreed and said that Hubbard had been looking for something with an extra interesting twist, and here they were. Hubbard said that it was true that something interesting and new popped up in every show. After a little more talking, Hubbard wrapped up the episode.

When asked at trial if the episode had been put out as factual news or if it had been put out as entertainment, Hubbard replied: "It was put out there for those people who believe that to have -- to be entertained by that location and those people." When asked if Ghostly Encounters was presented as fiction, Hubbard responded:

"Well, yeah. I mean, how can it be anything but? I mean, did you -- go to their website and read the description of the show.

I mean, it's a lark I call it. I mean, it's just fun. It's innocent humor intended anyway. It might not end up being that way. But it's innocent entertainment to make people happy. And I understand that it don't make everybody happy, and I just wish that they would call me on the telephone and tell me if it doesn't."

Hubbard testified that there was a Ghostly Encounters section on Regional Prime's website that included a "splash screen" and a hyperlink to the channel on the Roku streaming platform. However, he stated that the show could not be watched through the hyperlink. Hubbard also admitted that the website did not include any disclaimers stating that the show was only for entertainment, stating that it should not be taken at face value, or stating that the information had not been verified.

"[PLAINTIFFS' COUNSEL:] So to the average person watching Ghostly Encounters, Episode Number 3 where you called Pierre a paranormal pedo, where psychic Jess says he looks like an a--hole, where the speaker that you keep referring to as Michael says that Jennifer was beat by her husband, there's nothing to tell viewers of that that none of that is true, is there?

"[HUBBARD:] There's no disclaimers, no.

"[PLAINTIFFS' COUNSEL:] And you put that out there and you put it out into the world and you don't do anything to lessen the impact of how people may perceive it; is that right?

"[HUBBARD:] I explained that earlier during my examination.

"[PLAINTIFFS' COUNSEL:] Right. But now my question is, is that right?

"[HUBBARD:] That is correct.

"[PLAINTIFFS' COUNSEL:] So you just put it out there and it's out there and people can decide whether they believe it or not?

"[HUBBARD:] Yes."

South testified that Gillette had been an artist and that he had been well-known, outgoing, and well-liked. She testified that Gillette had owned a company that made elaborate, life-size puppets; that some of the puppets he had made were used as therapy puppets; and that some of the puppets he had made were used in children's programming. She further testified that Gillette had also painted Victorian houses, one of which was known as "The Painted Lady" in Anniston and had been featured on the front page of a local newspaper. She also testified that Gillette had acted in plays and had won some awards for acting in different plays. South further testified that Gillette was a musician and wrote books.

South testified that Gillette had previously been married when he had been around 19 to 20 years old, that he and his first wife had been married about 5 or 6 years, that that was in a different state, and that he and his first wife had had a daughter together. South agreed that, although the episode referred to Pierre's wife, it did not mention her by name. However, she testified that the episode referred to the wife who had lived in the school building and that she was Gillette's only wife who had lived in the school building. South further testified that the episode could not have been talking about Gillette's first wife, that his first marriage had been about 30 years ago, and that Gillette did not live in the school building 30 years ago.

South testified that she had learned of the episode when her sisterin-law from Florida telephoned her and told her about the episode. South testified that she had subsequently watched the episode. South testified that most of the information in the episode was false. South denied that Gillette had had a drinking problem and testified that he had never had any issue with alcohol abuse. She also testified that Gillette had not been "weird" and that he had not had a mental illness. She further testified that Gillette had never physically abused her and that she had never written a letter to another man stating that Gillette had physically abused her. Finally, she testified that Gillette had not abused little boys. During plaintiffs' counsel's examination of South, the following occurred:

"[PLAINTIFFS' COUNSEL:] And you heard me ask him yesterday how do you think Ms. South or Jennifer feels about this what you call entertainment. Now is your opportunity. Tell the jury how you feel about this broadcast.

"[SOUTH:] I hate it. I hate that it's out there. I've never been hit in my life, maybe spanked as a child, I don't remember, but I've never been hit in my life by my husband who loves me -- hit me, talking about locking me in a closet -I'm claustrophobic. There is no way I would let anybody lock me in a closet.

"[PLAINTIFFS' COUNSEL:] And the entirety of this video, is anything in this broadcast true?

"[SOUTH:] No. He said it was our bedroom. It was our bedroom. That is true.

"[PLAINTIFFS' COUNSEL:] It was your bedroom?

"[SOUTH:] Yes, that was our bedroom.

"[PLAINTIFFS' COUNSEL:] And you did live there?

"[SOUTH:] Yes, we did live there.

"[PLAINTIFFS' COUNSEL:] Other than the fact that it was your bedroom in this clip that we're looking at now and other than the fact that you, [Gillette], and [the daughter] lived there, was there anything else in that entire broadcast true?

"[SOUTH:] No, not that I can think of. I don't think so.

"[PLAINTIFFS' COUNSEL:] So is it your testimony that Tommy Hubbard and Regional Prime Television [have] used [Gillette's] name and image -

"[SOUTH:] Yes.

"[PLAINTIFFS' COUNSEL:] -- to produce a show and none of the statements, other than the fact that you did live

there and that is your bedroom, none of the other statements were true?

"[SOUTH:] Correct.

"[PLAINTIFFS' COUNSEL:] Is that your testimony today?

"[SOUTH:] Yes, it is.

"[PLAINTIFFS' COUNSEL:] Oh, and that you were married?

"[SOUTH:] Yes, we were married.

"[PLAINTIFFS' COUNSEL:] And there's another portion of the video in evidence, and the jury is going to get to see it because opposing counsel has indicated she's going to play it, but the video indicates that [Gillette] actually -- you've testified that [Gillette] died at the hospital, but that's not what Mr. Hubbard says. Did [Gillette] die in that school?

"[SOUTH:] No, he did not die in the school. He died in the hospital.

"[PLAINTIFFS' COUNSEL:] Did [Gillette] even have a heart attack -- was his heart attack, did it occur at the school?

"[SOUTH:] No, it did not. It occurred at work.

"[PLAINTIFFS' COUNSEL:] So nothing about [Gillette's] death that appears in this video is true?

"[SOUTH:] No."

South testified that, when she saw the episode, she was very upset and angry and that it still made her very angry at the time of trial. She further testified that the allegations that Gillette had molested little boys made her sick and that the allegations still made her sick at the time of trial. South further testified that she was almost in constant fear that the daughter would either see the episode or hear about the allegations included in the episode. Finally, South testified that she had lost sleep over the episode.

On July 24, 2020, South, individually and as the representative of Gillette's estate, sued Regional Prime, Hubbard, Roku, Inc., Amazon.com Services, LLC, and various fictitiously named defendants in the Calhoun Circuit Court.[4] She subsequently filed an amended complaint. In the amended complaint, South and the estate alleged a violation of the Alabama Right of Publicity Act, § 6-5-770 et seq., Ala. Code 1975. The amended complaint also included a defamation claim by South, a tort-of-outrage claim by South and the estate, a trespass claim by the estate, and invasion-of-privacy claims by South.[5]

Regional Prime and Hubbard filed an answer to the amended complaint. They later filed a motion to dismiss the amended complaint pursuant to Rule 12(b)(6), Ala. R. Civ. P., which the trial court denied. On September 21, 2022, Regional Prime and Hubbard filed a motion for leave to submit motions for a judgment on the pleadings, which the trial court denied.

Outcome: The case was tried by a jury on the following claims against Regional Prime and Hubbard ("the defendants"): the estate's violation-of-the-right-of-publicity claim and South's claims of defamation, the tort-of-outrage, and invasion of privacy. The jury returned a verdict in favor of the estate as to its right-of-publicity claim and awarded the estate $500,000 in compensatory damages and $1,000,000 in punitive damages. The jury also returned a verdict in favor of South and awarded her $500,000 in compensatory damages and $1,000,000 in punitive damages. The trial court subsequently entered a judgment on the jury's verdicts.

The defendants filed a "Defendants' Motion for Judgment Notwithstanding the Verdict, or, in the Alternative, for a New Trial," which was denied by operation of law. This appeal followed.

Reversed and remanded for a new trial.

Prime Television v. South, SC-2023-0132 (Ala. Mar 08, 2024)

Plaintiff's Experts:

Defendant's Experts:

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