It seems Google will likely get dinged for trespassing, as the US appeals Court allows this claim to move forward.
A couple called the Boring’s (yes, that’s their their real surname) sued Google in early 2008 for taking pictures of its suburban Pennsylvania home. The claim was their house was on a clearly marked private road (“Private Road, No Trespassing”) and Google’s Street View mobile trespassed by entering and taking the images of their home. There was also an “invasion of privacy” claim, among several others including “punitive damages.”
The US District Court dismissed the entire case. The US Court of Appeal for the Third District affirmed the lower court’s ruling on all claims and causes of action except the trespass claim:
We will affirm the District Court’s grant of Google’s motion to dismiss the Borings’ claims for invasion of privacy, unjust enrichment, injunctive relief, and punitive damages. We reverse, however, with respect to the trespass claim, and remand with instructions that the District Court permit that claim to go forward.
So it will be interesting to see if the jury sees Google as evil and makes these folks rich, but it is doubtful!
Comments are closed.