Judge v. Saltz Plastic Surgery, P.C., 2016 UT 7 (Feb. 4, 2016)

In the underlying case a patient sued her plastic surgeon for publication of private facts and other claims when pre- and post-operative photographs of her were aired on the evening news. The Utah Supreme Court adopted a new element from section 652D(b) of the Restatement (Second) of Torts, which requires a plaintiff suing for publication of private facts to show that the matter publicized is not of legitimate concern to the public. This element is normally a jury question if reasonable minds can differ concerning the newsworthiness of the information. The court affirmed the Utah Court of Appeals’ decision reversing summary judgment that was granted to the plastic surgeon, concluding that there were disputed issues of fact over the public interest in viewing the photographs.