Family Sues Over DVD Mistake

Family Sues Over DVD Mistake


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Sammy Linebaugh Reporting...A popular teenage skating magazine sold at one of its Utah stores included a free DVD that allegedly depicts hard-core pornography.

The DVD was distributed with an in-line skating magazine, and viewed by at least one 12-year-old boy who expected to see skating tips.

That boy's family is bringing the lawsuit.

The boy is not named in the lawsuit to protect his privacy.

But the boy's mother says her son bought the magazine and DVD at the Barnes and Noble store in Bountiful. The boy didn’t know what the DVD actually contained, until he started to watch it.

"Rejects” is an in-line skating magazine full of photos and tips. It’s popular with teens like the client of attorney Jeff Gooch.

Jeff Gooch/Attorney: "HE PLUGGED IT IN. HE ADVANCED THE FRAMES TO WHERE HE THOUGHT THE IN-LINE SKATE WOULD START, AND GOT A RELATIVELY RUDE AWAKENING REAL QUICK. "

Gooch filed suit today in Farmington's 2nd District Court alleging the magazine's publishing company made a terrible mistake that was compounded by Barnes and Noble Booksellers.

This DVD features a skater on the front. But on the back, in tiny letters, read the words "Hard Hat Pigs" which is the title of a hard-core pornographic film.

Jeff Gooch/Attorney: "IT IS OUR BELIEF THAT A 3RD PARTY FULFILLMENT COMPANY WAS USED TO MAKE THE DVD. THAT AT SOME POINT IN THE FULLFILLMENT OF THE ORDER OF THE DVDS THERE WAS AN ERRONEOUS PRINTING."

Gooch says when his client brought the mistake to the attention of both the store and the magazine, it was clear they were already aware of the mix up.

According to the complaint, the magazine's editor told the boy's mother that approximately one in 10 DVDs distributed in "Rejects" April edition were mislabeled, and that all retail outlets, including Barnes and Noble, were notified immediately after the magazine hit the shelves.

Jeff Gooch/Attorney: "IT IS OUR BELIEF THAT BARNES AND NOBLE HAD SEVERAL WEEKS, IF NOT A MONTH NOTICE PRIOR TO THE TIME THAT THE CHILD IN THIS CASE PURCHASED THE MATERIAL TO REMOVE IT FROM THEIR SHELVES."

Gooch says since the boy's mother complained all the DVDs have been removed from the store. But, he says, had they been removed when the error was first noticed, his client would not have been subjected to the DVD's contents.

Gooch is suing the bookseller for negligence and intentional infliction of emotional distress.

Jeff Gooch/Attorney: "THEY DID NOTHING TO REMEDY THE SITUATION. A SIMPLE REMEDY WOULD HAVE BEEN TO REMOVE THE DVDS AND LEAVE THE MAGAZINES ON THE SHELF."

A spokesperson for Barnes and Noble declined to comment until company attorneys have had a chance to review the lawsuit.

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