Legal Opinion

Sheila C. v. Povich

New York Supreme Court

Decided November 12, 2003PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Diane A. Lebedeff, J.

At the outset of what appears to be the first New York case falling into an emerging category of “Talk Show Torts,” the named defendants move to dismiss the complaint brought on behalf of Sheila C., a minor who appeared on the Maury Povich Show. Plaintiff alleges the defendants’ negligent acts connected with the show set in motion a chain of events which concluded with her rape. Plaintiff cross-moves for leave to amend, should the court find the complaint is inadequate.

Background

In 2001, the show solicited “out-of-control teen” guests. The plaintiff’s…

2Cases cited59 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
  3. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  4. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  5. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980

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3Cited by2 opinions

  1. Adorno v. Correctional Services Corp.District Court, S.D. New York · 2004
  2. Dawkins v. WilliamsDistrict Court, N.D. New York · 2006

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