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Beach woman wins lawsuit against "Girls Gone Wild"
The Virginian Pilot ^ | 6/30/05 | Jon Frank

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 didn’t 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 Lowe’s 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.


TOPICS: Business/Economy; Culture/Society; Extended News; Government; News/Current Events; US: Virginia
KEYWORDS: girlsgonewild; lawsuits; mantrafilms; sluts; videos
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To: EdHallick

Moot point... Helen would never be asked :-)


21 posted on 06/30/2005 6:56:37 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: wagglebee
“They needed a smack-down, and they got one,” said Kevin E. Martingayle, attorney for Debbie Aficial, 26.

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.

22 posted on 06/30/2005 6:56:39 PM PDT by 68skylark
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To: wagglebee
I wish I had been on the jury. She wouldn't have got a dime.
23 posted on 06/30/2005 6:56:50 PM PDT by kempo
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To: BostonianRightist
With $60,150 she can fix that problem.

$40,100, after paying Mr. Attorney.

24 posted on 06/30/2005 6:56:59 PM PDT by Labyrinthos
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To: EdHallick

How about just exposing them?

25 posted on 06/30/2005 6:57:11 PM PDT by EdHallick (Dodo the kid from outer space, he has propellers on his heels)
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To: wagglebee

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.


26 posted on 06/30/2005 6:58:16 PM PDT by Tall_Texan (Visit Club Gitmo - The World's Only Air-Conditioned Gulag.)
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To: wagglebee

Boys would steal to get their hands on that video. LOL


27 posted on 06/30/2005 6:58:40 PM PDT by NRA2BFree (If alcohol kills off brain cells,Ted Kennedy needs to be on life support....)
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To: Tall_Texan

I agree.


28 posted on 06/30/2005 6:58:50 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: wagglebee

Ah yes, the "hold muh beer" defense. What an idiot.


29 posted on 06/30/2005 6:59:07 PM PDT by axlhuckleberry
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To: wagglebee

“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! :)


30 posted on 06/30/2005 7:02:33 PM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: Blood of Tyrants
Now that it is proven she flashed... the cops should issues a ticket for public lewdness (fine being that what she received in court)... that will teach her to keep them puppies leashed.

Trajan88

31 posted on 06/30/2005 7:04:09 PM PDT by Trajan88 (www.bullittclub.com)
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To: EdHallick
I think that is the before picture to her right. This must be like the female version of the Charles Atlas comic. "Here`s something I owe you!!" Hero of the beach!

Oh this is too good an idea, I must redraw this comic.."The insult that made a milk farm out of Mary!"


32 posted on 06/30/2005 7:05:24 PM PDT by EdHallick (Dodo the kid from outer space, he has propellers on his heels)
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To: EdHallick
That's where my pontoons went.

Trajan88

33 posted on 06/30/2005 7:10:47 PM PDT by Trajan88 (www.bullittclub.com)
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To: wagglebee
"Ohhh noooo! I got drunk, kissed a girl, and flashed my precious boobies at a camera! It wasn't my fault! I was drunk!"

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?!?"

34 posted on 06/30/2005 7:12:56 PM PDT by FierceDraka (The Democratic Party - Aiding and Abetting The Enemies of America Since 1968)
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To: BostonianRightist
With $60,150 she can fix that problem.

Are you kidding? That will barely cover her attorney's fees.

35 posted on 06/30/2005 7:13:49 PM PDT by Grim
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To: FierceDraka
But I can't stop thinking to myself, "WHY DIDN'T I THINK OF THAT?!?"

I could have made a fortune if I had owned a video camera back when I was in college!

36 posted on 06/30/2005 7:14:28 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: FierceDraka

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 !!


37 posted on 06/30/2005 7:16:28 PM PDT by UglyinLA (WideGlide... Thats too funny.)
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To: EdHallick

The screen on my computer just broke.....


38 posted on 06/30/2005 7:18:37 PM PDT by woofie (When in Bagdad do as the Bagdaddies do....)
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To: EdHallick

Photoshop, definately.


39 posted on 06/30/2005 7:20:23 PM PDT by HairOfTheDog
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To: linkinpunk

LOL! Me too!


40 posted on 06/30/2005 7:27:02 PM PDT by Jerry Attrick (<B>)
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