Washington Supreme Court
Reid v. Pierce County
September 3, 1998961 P.2d 333
Summary
In five consolidated cases, the Washington Supreme Court held that family members of decedents may maintain a common law action for invasion of privacy against Pierce County employees who appropriated and displayed autopsy photographs of the deceased. The court expressly recognized for the first time that the common law right of privacy exists in Washington, adopting Restatement (Second) of Torts § 652D as the governing standard, and overruled the Court of Appeals' contrary suggestion. It affirmed dismissal of the tort of outrage and negligent infliction of emotional distress claims because none of the plaintiffs were present when the conduct occurred, and it declined to create a private damages action under article I, section 7 of the state constitution.