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MELVIN ALEXANDER PRESCOTT v. BAY ST. LOUIS NEWSPAPERS10/15/1986
BEFORE ROY NOBLE LEE, P.J., DAN LEE AND PRATHER, JJ.
DAN LEE, JUSTICE, FOR THE COURT:
Melvin Alexander Prescott appeals the summary judgment entered by the trial court against him in this invasion of privacy suit. Prescott brought suit in Hancock County Circuit Court on April 13, 1983. He alleged that Bay St. Louis Newspapers, Inc., owner of The Sea Coast Echo, a twice weekly publication, invaded his privacy by publishing pictures and articles concerning him on October 21, 1982. This complaint was dismissed June 17, 1983 for failure to state a claim upon which relief could be granted. An amended complaint was filed July 7, 1983 alleging basically the same cause of action arising from the same October 21, 1982 publication. Discovery was begun but not completed when Bay St. Louis Newspapers, Inc. moved for summary judgment. A hearing on this motion and other motions interposed by Prescott was held April 20, 1984. Summary judgment was granted May 18, 1984. Prescott appeals assigning as error:
THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT, AS THE GRANTING OF SUCH A MOTION WAS PREMATURE SINCE THERE WERE UNRESOLVED QUESTIONS OF LAW AND FACT.
Because we agree that Prescott was not placed in a false light as a matter of law, we affirm.
STATEMENT OF THE FACTS
On October 21, 1982, The Sea Coast Echo published two news items, each accompanying a picture depicting different aspects of the same one-car traffic accident. The accident was newsworthy because the vehicle struck a utility pole and caused a power outage in Bay St. Louis. One picture and news item appeared on the front page. A utility truck and a repairman using the truck's hydraulic arm lift and basket are pictured. The repairman is working to repair
a fallen power line. Also visible in the background is a vehicle. The caption reads:
POWER OUTAGE-Dave Peranich of Mississippi Power Company is maneuvered toward tangled electrical wires following an accident at approximately 10:30 p.m. Tuesday near 638 North Beach Boulevard. A vehicle driven by Melvin A. Prescott, 43, of 102 Felicity Street in Bay St. Louis, went off the road while traveling north, sheared off the telephone pole and then struck a large oak tree some thirty feet from the road. A headlight on a vehicle driven by William J. Delligatte of 104 Beverly Drive in Bay St. Louis, was slightly damaged when Delligatte, who was traveling south several minutes after the accident, struck a telephone wire dangling from the broken telephone pole. Electrical power from Bay View Court to Leonhard Avenue was interrupted for some two hours. In Oct. 5, 1982 Prescott was charged with driving under the influence , leaving the scene of an accident and reckless driving. Prescott was charged with DUI and improper lane usage by the Waveland Police Department. Bay St. Louis Patrolmen George Weatherly and Wilbert Dorsey responded to the Tuesday accident. (Staff photo by Brent Macey)
The second picture appears at page 7 in the paper's front section. It depicts a vehicle tangled in what appears to be tree limbs. The vehicle's hood is crumpled and the driver's door is open. A man dressed in a law enforcement uniform is holding a flashlight as if examining the truck. It is dark. The caption reads:
HEAVILY DAMAGED-Bay St. Louis Police officer George Weatherly inspects the vehicle driven by Melvin A. Prescott of 102 Felicity Street Tuesday at approximately 11 p.m. Prescott apparently lost control of the vehicle near 638 North Beach Boulevard, sheared off a telephone pole and crashed into the large oak tree below. Prescott was charged with DUI, leaving the scene of an accident and reckless
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