Montesano v. Donrey Media Group ( 1983 )

Gunderson, J.,

dissenting:

Most respectfully, I must dissent.

The majority appear to understand that, pursuant to the balancing test articulated by the Restatement of Torts, the trier of fact — the jury, not this court — should normally decide whether referring to appellant by name constituted a tortious invasion of his right of privacy. Nonetheless, in this instance, the majority have elected to decide the issue as one of law, in favor of respondents Donrey Media Group and the Las Vegas Review-Journal.

In this case as in others, however, I believe we should apply the law as delineated in the Restatement, and should allow appellant to have his day in court.