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In conjunction with the January 7, 1977, report, KING aired a film clip taken by its cameraman from the exterior of Mark's pharmacy. He pled not guilty to grand larceny, tampering with physical evidence and ten counts of forgery. State auditors found out doctors never ordered the prescriptions and their patients never got them. The bills for those prescriptions were submitted to the State's Medicaid office. The County Prosecutor's office says over the past two years Mark has made out over $200,000 worth of false prescriptions for Medicaid patients. Mark is the owner of two drugstores in West Seattle. ' A West Seattle pharmacist has pleaded not guilty to a charge he cheated the State out of $200,000 in Medicaid payments.Īlbert M. Mark will be arraigned on January 5th.įinally, on January 7, 1977, a KING news program again reported that:

Gene Anderson, head of the Fraud Division of the King County Prosecutor's office, says Mark filed claims using names of doctors and patients eligible for Medicaid, but those doctors and patients never wrote or received prescriptions. Albert Mark, who owns this pharmacy at 5435 California Avenue S.W., is charged with grand larceny, tampering with evidence and with ten counts of forgery. 'A West Seattle pharmacist has been charged with defrauding the State of $200,000 for false drug prescriptions. On the following day, December 31, 1976, a KING news program reported that: Albert Mark, who owns two drug stores in West Seattle, is charged with filing a claim that used doctors' names who never ordered the drugs and patients' names who never received the drugs. The King County Prosecutor's office says it is the largest Medicaid fraud case ever filed in this state.

'A pharmacist in West Seattle has been charged with cheating the State out of $200,000 in Medicaid funds. On December 30, 1976, KING's regular evening news program reported that:

#The cameraman just kept recording omgwhut trial

Mark appeals from the trial court's entry of summary judgment in favor of KING Broadcasting. Mark, a licensed pharmacist, brought an action for defamation and invasion of privacy against the defendant, KING Broadcasting Company, arising out of news stories broadcast on the defendant's television station on three occasions. RIDDELL, WILLIAMS, IVIE, BULLITT & WALKINSHAW and STEVEN E. 853568, Barbara Durham, J., granted a summary judgment in favor of the defendant on April 6, 1979.Ĭourt of Appeals: Holding that the news reports were qualifiedly privileged, that the privilege had not been abused, and that the film did not unreasonably intrude upon the plaintiff's seclusion, the court AFFIRMS the judgment. Superior Court: The Superior Court for King County, No. NATURE OF ACTION: A pharmacist sought damages for defamation and invasion of privacy from the owner of a television station which had reported that the pharmacist had been charged with Medicaid fraud and had filmed an individual talking on a telephone inside the pharmacy. Swanson, J., dissents in part by separate opinion. NAMES OF CONCURRING OR DISSENTING JUDGES:

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Tort liability for invasion of privacy cannot be predicated upon an intrusion upon a party's seclusion or solitude unless the intrusion is substantial, reveals something which the general public would not be free to view, and would be highly offensive and objectionable to a reasonable person. Privacy - Invasion of Privacy - Intruding Upon Seclusion - Test. Once a party seeking a summary judgment makes an initial showing that no genuine issue of material fact exists, the nonmoving party must demonstrate the existence of such an issue by presenting specific facts which go beyond mere speculation or allegations in the pleadings. Judgment - Summary Judgment - Averment of Specific Facts - Necessity. A civil rule governing a procedural matter will be applied in a criminal context if no criminal rule is applicable. Courts - Rules of Court - Civil Rules - Application to Criminal Case. To overcome the privilege, a plaintiff must prove that the statements were published without reasonable grounds for belief in their truth. The news media have a qualified privilege to publish a fair and accurate account of the contents of legal documents filed in criminal cases, including affidavits of probable cause, which are matters of public record. Libel and Slander - Qualified Privilege - Reporting Legal Proceedings - Criminal Documents. KING BROADCASTING CO.ĬASE TITLE: Albert M.