Stien v. Marriott Ownership Resorts, Inc.

944 P.2d 374 (1977)

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Nature of the Case

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Facts

A video was made which includes appearances by nine men and eight women, including P's husband, Brad Bauman. The video does not identify any of the employees by name, job title, or employment task. Each person was filmed talking about household chores. The videotape was edited to make it appear as if the employees were answering the question, 'What's sex like with your partner?' The video, about five minutes and twenty seconds long, was then shown at a formal company Christmas party for the amusement of some 200 Marriott employees and their guests, including Bauman and P. Though P’s husband (an employee) was actually responding to the question about housework, P’s husband was quoted on the video as seemingly responding to a provocative question by saying, “the smell. The smell, the smell. And then you go with the goggles. You have to put on the goggles. And then you get the smell through the nose. And as you get into it, things start flying all over the place. And the smell. And you get covered in these things.” P herself was never mentioned by name, nor did she appear on the video. P was terribly upset by the video and sued Ds for intrusion into seclusion and portrayal of facts in a false light. Ds moved for summary judgment, which the court granted. P appealed.