Boyles v. Kerr

CONCURRING OPINION ON MOTION FOR REHEARING

[Filed May 5, 1993]

GONZALEZ, Justice.

What happened to Ms. Kerr in this case is grossly offensive conduct which no one should tolerate. As such the law should, and does, provide a remedy. However, as a result of the posturing by the dissenting justices, what has been lost in the shuffle is the pivotal role that insurance played in this case.

The young men who videotaped Ms. Kerr’s sexual encounter intentionally positioned the camera to capture the event on film. They intentionally showed the videotape to their friends. There was nothing accidental or…