Jane Bronstein, a 54-year-old woman from New York City, did not think it funny that a videotape of her eating a peach in an unsightly manner at the U.S. Open was repeatedly shown on "The Late Show" with David Letterman. In this Jan. 26, 1996 complaint, she claims Letterman used the images in advertisements and on the Times Square Jumbotron giant screen television in violation of her right to privacy and other civil rights.

 


RETURN DATE: FEBRUARY 13, 1996  
  
JANE BRONSTEIN  
vs.  
DAVID LETTERMAN  
  
SUPERIOR COURT  
J.D. OF STAMFORD/NORWALK  
AT STAMFORD  
JANUARY 26, 1996  
  
COMPLAINT  
  
FIRST COUNT:  
  
   1.  The Plaintiff Jane Bronstein ("Bronstein" hereinafter) is a  
married woman, fifty-four years of age suffering from the effects  
of childhood polio, two spinal fusions and a thyroid condition,  
who resides in the State of New York, Borough of Manhattan.  
   
   2.  The Defendant David Letterman ("Letterman" hereinafter) is  
a comedian who resides in New Canaan, Connecticut.  Letterman is  
in the business of producing entertainment shows that comment  
about life and make jokes about people, places and things.  
  
   3.  The defendant Worldwide Pants, Inc. ("Worldwide"  
hereinafter) is a New York corporation, which produces a  
nationally broadcast entertainment show commonly referred to as  
"Late Show with David Letterman" ("Late Show" hereinafter).  
  
    4.  Upon information and belief, Letterman is a shareholder,  
the Chief Executive Officer and, a director of the defendant  
Worldwide.  
  
   5.  The Late Show produced by Worldwide is the entertainment  
vehicle through which defendant Letterman showcases his comedy.  
  
   6.  On or about September 5, 1995 Bronstein and her husband  
attended a public function at the tennis center in Flushing, New  
York, to wit:  the United States Open Tennis Championship Matches.  
  
   7.  During the course of the tennis tournament, Bronstein's  
image was videotaped as she sat among the viewing audience.  
  
   8.  During the period of time from approximately September 5,  
1995 through at least September 20, 1995, Letterman and Worldwide  
repeatedly used the previously videotaped picture of Bronstein in  
the Top Ten List segment of the Late Show program, without first  
obtaining her written consent.  
  
   9.  During the period of time from approximately September 5,  
1995 through at least September 20, 1995 Letterman and Worldwide  
caused the previously videotaped picture of Bronstein to be  
broadcast on national television, accompanied by Letterman  
dialogue.  
  
   10.  During the period from approximately September 5, 1995  
through at least September 20, 1995, Letterman and Worldwide  
repeatedly and publicly ridiculed and vilified the plaintiff  
Bronstein.  
  
   11.  As a result of the conduct of the defendants Letterman and  
Worldwide the plaintiff Bronstein sustained mental and physical  
pain and suffering.  
  
   12.  The conduct of Letterman and Worldwide, as aforesaid  
violated the plaintiff's right of privacy pursuant to section 50  
and section 51 of the New York Civil Rights Law.  
  
SECOND COUNT:  
  
   1.-11.  Paragraphs 1 through 11 of the First Count are hereby  
made paragraphs 1 through 11 of the Second Count as if fully set  
forth herein.  
  
   12.  During the period of time from approximately September 5,  
1995 through at least September 20, 1995 Letterman and Worldwide  
caused the picture of the plaintiff to be used in advertising the  
Late Show, without her written consent.  
  
   13.  The advertising consisted of at least the following:  
  
A. Nationally televised promotional segments of the Late Show  
which included the plaintiff's picture as part of a preview and/or  
review of the Top Ten List segment of the Late Show.  
  
B. The projection of the plaintiff's picture on the giant Sony  
Jumbotron screen, located at Times Square in New York City, in  
conjunction with an 800 telephone number to call.  
  
C. Requesting viewers of the Late Show to participate in a plan to  
identify and locate the plaintiff.  
  
   14.  The conduct of Letterman and Worldwide as aforesaid,  
violated the plaintiff's rights pursuant to New York Civil Rights  
Law section 50 and section 51.  
  
  
THE PLAINTIFF  
JANE BRONSTEIN  
  
BY  
HARVEY J. ROTHBERG  
Her attorney  
P.O. Box 3037  
Stamford, CT  06905  
(203) 357-7979  
Juris No.  51915  
  
  
CLAIMS FOR RELIEF  
  
The plaintiff claims:  
  
1.   Damages  
  
2.  Exemplary damages.  
  
3.  Such other and further relief as to the Court may appertain.  
  
THE PLAINTIFF  
JANE BRONSTEIN  
  
BY  
HARVEY J. ROTHBERG  
Her attorney  
P.O. Box 3037  
Stamford, CT  06905  
(203) 357-7979  
Juris No.  51915