Background

• Green sued Rogers and related entities for invasion of privacy, claiming they used Green's photographs to market hair products and salon services without consent. ¹
• The parties disputed whether Green was a paid brand ambassador who modeled for advertising or merely an employee told to pose for the photos as part of her job. ²
• At trial, Green testified she never consented to commercial use of the photos and never received compensation, while Rogers testified Green permitted the use and selected the photos. ³
• The jury found for Green and awarded $150,000 in compensatory damages for emotional distress. ⁴
• The trial court denied JNOV but reduced the award to $50,000 nominal damages on remittitur. ⁵
• The Court of Appeals held Green failed to prove consent was lacking and therefore reversed and rendered for the Appellants. ⁶

Issues

Key Cases Cited

• Radco Fishing & Rental Tools Inc. v. Com. Res. Inc., 407 So. 3d 167 (Miss. 2025) (JNOV reviews sufficiency of the evidence de novo ⁹)
• Brasel v. Hair Co., 976 So. 2d 390 (Miss. Ct. App. 2008) (elements of appropriation of likeness for commercial gain ¹⁰)
• Harbin v. Jennings, 734 So. 2d 269 (Miss. Ct. App. 1999) (cited for appropriation-of-likeness elements ¹¹)
• Kirk v. Newton, 380 So. 3d 252 (Miss. Ct. App. 2023) (substantial-evidence standard for denial of JNOV ¹²)
• InTown Lessee Assocs. LLC v. Howard, 67 So. 3d 711 (Miss. 2011) (evidence viewed in light most favorable to appellee ¹³)
• 3M Co. v. Johnson, 895 So. 2d 151 (Miss. 2005) (reverse and render when facts overwhelmingly favor movant; JNOV proper if prima facie case not made ¹⁴)