Plaintiff Dale Robert Javino sued Newsday for defamation because his photograph appeared in an article about Timothy Juettner, a fishing boat captain convicted in federal court of having intentionally sunk his boat rather than pay to have it legally decommissioned.
Not only did Javino photograph appear in that article but the photograph was captioned with the fishing boat captain’s name. Defendant moved to dismiss the complaint asserting that the Plaintiff did not satisfy the heightened burden imposed by statutory law.
