Tina Sherman Nude Photos on Internet Result in $3 Million Lawsuit Against McDonald's

Sherman-McDonald's Lawsuit Will Be Difficult to Win

Tina Sherman has a problem. She is all over the internet. Nude. She's not even famous.

Strike that. She wasn't famous. Now she's internationally famous. All due to her husband's carelessness and a subsequent lawsuit he and she filed against McDonald's.

Confused? It gets better.

Tina Sherman sent some nude photos to her husband's cell phone. On a trip to McDonald's, Philip Sherman inadvertently left his cell phone behind. According to the Shermans, when Philip Sherman realized that the cell phone
Tina Sherman Nude Photos on Internet Result in $3 Million Lawsuit Against McDonald's
Fayetteville, AR
United States of America
 was missing, he called McDonald's and made arrangements with them for employees there to secure the phone until he could retrieve it.

Since then, Tina Sherman has received offensive calls and text messages about the pictures. The pictures also appeared on an internet website (and have been removed). It got so bad that the Shermans were forced to move, they claimed.

So they sued McDonald's. The lawsuit names the McDonald's Corporation; Mathews Management Co., the particular Arkansas franchise that owned the McDonald's where the couple had lunch; and Aaron Brummley, the manager of that particular establishment. The lawsuit is seeking $3 million, claiming that employees of the restaurant stole and uploaded the nude photos of Tina Sherman to a website. The Shermans are claiming mental distress, embarrassment and damage to their reputations. Additionally, they seek to recover earnings losses and the cost of changing residences.

Thus far, all defendants named have refused comment.

As strange as this lawsuit may seem, McDonald's has had other strange cases. Back in 1994, a jury awarded an 81-year-old woman $2.9 million after she accidentally scalded herself with a cup of their coffee from an Albuquerque, New Mexico McDonalds.

Back in 2002, a couple teenagers sued two Bronx (New York) franchises for damages related to their obesity.

But those cases have become famous for being frivolous and are often cited as such when anyone needs a handy or quick example of frivolous lawsuits.

 
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While I understand the couple's embarrassment, I think the bottom line is don't email, text message or picture message anyone any photos that you would not want to get out in public. They are so quick to look for someone at McDonald's to blame, but ultimately they are responsible for their own actions and for their personal belongings. I don't think they'll win this one.

Posted on 03/09/2009 at 10:03:26 AM

yes, take Leslie's advice below, lock your keypad.

Posted on 11/25/2008 at 8:11:29 AM

That's why I always lock my keypad! Not that I have nudies on my phone but to keep other people from accessing my account if I'd happen to lose it.

Posted on 11/24/2008 at 12:11:25 PM

Even if the employees did it, Carol, I would think that the Shermans woud have to prove that the manager had knowledge of the fact. Finding the McDonalds Corporation and the franchise at fault is stretching this into frivolity. Either they will settle this out of court or the only people that will be held accountable (or should be) will be those that uploaded and the manager, but only if he knew about it (before, during, or after) or actually participated in the uploading. Regardless, although these people did something that on the face of it looks like an invasion of privacy, it does not show any real fault on the part of the corporation. And it goes back to the point that Philip and Tina Sherman, if they did not want her naughty bits shown to the world, should have never put her nude photos on the phone to begin with. Where is thier responsibility in all this?

Posted on 11/24/2008 at 11:11:22 AM

The employees who allegedly did it also allegedly noted on the web posting that they did it saying they found the photos on a cell phone someone left behind at McDonald's. Assuming that the post is legit, there will be little doubt on the who done it angle just a question of whether anyone pays, who and how much.

Posted on 11/24/2008 at 10:11:27 AM

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