Wedding Photographer wins $1.1 Million in Jury Trial

A wedding photographer from Dallas was awarded over $1 million in damages against an irritated married couple who started a spiteful social media campaign that ruined her business. The jury found in a 10-2 verdict that Neely and Andrew Moldovan knowingly published false statements about photographer Andrea Polito that harmed her business. They awarded Polito $880,000 in damages for injury to her reputation, mental anguish, and lost profits, and $200,000 in punitive damages for making false statements to intentionally harm Polito.
Polito sued the Moldovans' in 2015 after photographing their wedding in 2014. The disagreement centered around the Moldovans' objection to the signed contract stating that they must pay $125 for their photo album before Polito would turn over the high resolution photographs of the rehearsal dinner and wedding. 

In 2014, the couple was upset about not receiving the images promptly, so they decided to turn to local news outlets. They denounced Polito in a TV interview and accused her of holding their photographs hostage. Their allegations went viral, and damaged Polito's growing business. Mrs. Moldovan, who has her own lifestyle and beauty blog, said that she was sure that Polito's business was over. 

In her complaint, she mentioned that once she was aware of the couple's demand, she asked for the album cover to be selected with the intent of waiving the cost.

The Moldovans continued to spread their false story anyway on different online platforms such as blogs, Google, Facebook, Instagram, Twitter, NBC, and emails. They said that Polito had cheated, scammed, and stole money while holding onto the photos. 

Polito hopes that the verdict will spread the word that 'freedom of speech doesn't mean freedom from consequences'.
Comments from Allen:

Some people learn about the limits of the First Amendment the hard way. Freedom of the press and freedom of speech do not protect slanderous (spoken) or libelous (written) false statements intended to put people in a bad light.

When someone is privately disparaged, such as by someone calling a person's boss and telling that person false things intended to get the person fired, the person disparaged can sue for lost wages if they get fired.

In this instance, the business's clients and potential clients were informed of the false and disparaging statements. It is also clear that the person making the statements intended the photographer to be financially harmed.

The actual loss of earnings her constitutes the compensatory damages. The fact that the client intended the loss of earnings by her defamatory statements raised the stakes; justice would not in such a case be done if the only damages awarded were the lost earnings. Intentional misconduct like this entitles the victim to punitive damages.

Another key aspect in defamation cases is the distinction between the spoken and the written defamatory words. Written defamation is considered more serious than spoken defamation, as it reaches more people and may last forever; there are some very famous defamatory statements about people made hundreds of years ago that we can still read about today.

For this reason, with written defamation, damages are presumed; with spoken defamation, the injured party generally has to prove how much he/she has lost. Social media slander is written defamation (libel).

The lesson here: calling someone names is bad. Writing about it on social media is far, far, far worse and more costly.


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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

https://www.courthousenews.com/wedding-photographer-wins-1-1-million-malicious-clients/
https://www.dallasnews.com/news/courts/2017/07/31/bride-groom-slammed-dallas-wedding-photographer-online-media-must-pay-108m

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