Torts Keyed to Henderson
Hamberger v. Eastman
Hamberger and his wife (Plaintiffs) rented a house from Eastman (Defendant). Defendant’s house was directly adjacent to Plaintiffs’s house. Unbeknownst to Plaintiff, Defendant had placed an audio recording device in Plaintiff’s bedroom. For nearly a year, Defendant listened and recorded the Plaintiffs’ conversations and intimate activities. After finding the recording device, Plaintiff became greatly distressed, humiliated, embarrassed, and sustained mental suffering, which impaired his mental and physical condition. Plaintiff sued Defendant for invasion of privacy. Defendant moved to dismiss the complaint for failure to state a claim. The trial court reserved judgment on the issue and transferred the case to the New Hampshire Supreme Court for review.
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