Posted on 06/30/2005 6:45:46 PM PDT by wagglebee
VIRGINIA BEACH A jury on Wednesday ordered the company that produces the Girls Gone Wild videos to pay $60,150 for filming and using the image of a Virginia Beach woman without her written consent.
The jury ordered Mantra Films Inc. to pay $150 in compensatory damages and $60,000 in punitive damages.
The jury returned its verdict after deliberating for about two hours. The trial began Tuesday.
The California company travels the country to videotape young women exposing their breasts at events and venues such as Mardi Gras and spring break beach resorts.
They needed a smack-down, and they got one, said Kevin E. Martingayle, attorney for Debbie Aficial, 26. Maybe they should stay in California from now on
Aficial and a female friend attended a promotional event at Bar Norfolk in Waterside on Feb. 19, 2003. At the bar, members of Mantra Films asked Aficial and Aimee Davalle to go to a nearby location to participate in making a video.
In testimony this week, Aficial acknowledged giving her verbal permission to have her image used in the video. She did not expose herself but encouraged Davalle to participate and kissed Davalle on camera, according to testimony.
The video eventually was released under the title of Girls Gone Wild: The Seized Video. Davalle, who also is suing the company, exposed her breasts. Her image was used on the cover of the video.
Aficial said she was embarrassed and humiliated because of her appearance in the video. She said she did not know the video would receive worldwide distribution when, after drinking alcohol, she agreed to be a part of the production.
I would never take my clothes off in front of people I didnt know, she said.
According to testimony, the company sold more than $1.3 million worth of the video. The company markets its videos on a Web site and in late-night cable television ads.
In February, Circuit Judge Frederick B. Lowe ordered the company to stop production of the video. He let the company continue selling inventory copies.
Under Virginia law, a person must give written consent to use his or her image in a commercial enterprise. Only a few states have this requirement, which is why Mantra Films can operate so freely, Martingayle said.
These guys go around preying on people, Martingayle said.
Martingayle said the company makes tons of money on videos and pays the women who appear in them with beads and T-shirts.
Ronald E. Guttman, chief operating officer for Mantra, testified that at the time of the Norfolk event, he did not know about the Virginia law requiring written consent.
Once Mantra Films learned that it had broken the law, Guttman said, the company followed Lowes order and stopped producing the video. We were never in contempt of court, he testified.
An attorney for Mantra Films, Shepherd D. Wainger, declined to comment on the verdict.
The owner of Mantra, Joseph R. Francis, did not attend the trial. He was in Europe for a wedding, according to Guttman.
Moot point... Helen would never be asked :-)
This lawyer is way too full of himself. Sixty thousand dollars is nothing -- much less than the value of the free publicity this brings to GGW.
$40,100, after paying Mr. Attorney.
How about just exposing them?
Nice to see the company smacked down but I can't say I have much sympathy for the sluts. You'd have to be pretty drunk or a liar to claim to not know what they were up to.
Boys would steal to get their hands on that video. LOL
I agree.
Ah yes, the "hold muh beer" defense. What an idiot.
These guys go around preying on people, Martingayle said.
Well, for one thing, Hillary is a "preying person" and for another, I can see where they'd think she was a "guy."
Ba-Dump-Dump! Thanks! I'll be here all week! Enjoy the All-You-Can-Eat Buffet! :)
Trajan88
Oh this is too good an idea, I must redraw this comic.."The insult that made a milk farm out of Mary!"
Trajan88
Cry me a river, sister. I'd like to see someone try to get away with committing a crime using the excuse that he or she was drunk at the time.
I'm sure the Girls Gone Wild producers just regard such court-mandated payouts as nothing more than the cost of doing business.
Besides, they've made tens of millions of dollars peddling their softcore porn on late night TV. They probably spend sixty grand on a weekend getaway.
But I can't stop thinking to myself, "WHY DIDN'T I THINK OF THAT?!?"
Are you kidding? That will barely cover her attorney's fees.
I could have made a fortune if I had owned a video camera back when I was in college!
In testimony this week, Aficial acknowledged giving her verbal permission to have her image used in the video.
A man's word is everything. For women, words mean nothing.
Women... love 'em but don't trust 'em !!
The screen on my computer just broke.....
Photoshop, definately.
LOL! Me too!
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