Mason v. Grey [1]

Tedd W. Mason, a high school football player, filed a lawsuit [2] against his teammate and MySpace.com user, Matthew Grey, for battery, intentional infliction of emotional distress, public disclosure of private facts, invasion of privacy, false light, and defamation.  Grey allegedly punched Mason. Mason brought claims of defamation and other speech torts over Grey’s alleged discussion of Mason’s health on Grey’s MySpace.com page. Mason also brought suit against Grey’s parents, Rick and Kasia Gay, and the Riverside Unified School District.

According to Mason's complaint [2], he asserts that Grey, without warning, struck Mason with “a minimum of six punches to the face and head” on January 4, 2005 in the North High football team room.  Following this incident, the Riverside Unified School District allegedly mandated that Grey satisfy an "Anger Management Requirement."  Mason also contends that Grey sent him a written apology. Mason’s eight-count complaint [2]  alleges that on or about August 3, 2005, Grey, after completing his Anger Management course, posted a message on his public page on myspace.com, a post that reads in part “FUCK TEDD . . .  I found out that im inelligable [sic] today and for some reason Tedd Mason is in need of MRI for his ‘severe headaches’ and yet he can still go full speed at practice everyday. Odd isn’t it . . .”  Compl. [2] ¶ 47.

Mason claims that this post attempts to expose him “to hatred, contempt, ridicule or disgrace by alleging that [he] is of a dishonest character,” and  “to demonstrate that [he] is a liar, and therefore is defamatory on its face.” Compl. [2] ¶¶ 48-49.

In addition, Mason asserts a claim for public disclosure of private facts: the disclosure of his private “health condition.” Compl. [2] ¶ 54. Further, Mason claims that this “public disclosure was an unfair and inaccurate depiction” and therefore asserts a claim of false light invasion of privacy. Compl. [2] ¶ 62.

Mason claims that employees of Riverside Unified School District “disclosed private facts about [his] health condition to . . . persons not authorized to receive such information, including . . . Matthew Grey, . . . Kasia Gay, and… Rick Gay,” and he asserts a claim of public disclosure of private facts. Compl. [2] ¶ 81.

Grey [3], Kasia Gay [4] and Rick Gay [5] each answered Mason’s complaint on Feb 16, 2006. They each put forth thirteen affirmative defenses, including failure to state a claim, estoppel, unclean hands, justification, and assumption of risk.

On August 20, 2007 Mason settled [6] his claims of negligence and public disclosure against Riverside Unified School District for $75,000. Kasia and Rick Gay moved for summary judgment [7] on August 24, 2007, arguing that Mason's settlement with the school gave them a right of off set. This motion was denied. On July 21, 2008 Mason settled [8] his claims against Grey, Kasia Gay and Rick Gay for an undisclosed amount.