Writers of fiction beware, at least in the South, where oddball verdicts tend to happen with too much frequency. Think the multi-million-dollar personal injury lead verdict in Jackson, Mississippi against Sherwin-Williams. In "Smith v Stewart," a jury in Hall County, Georgia awarded the plaintiff $100,000. That plaintiff contended that a work of fiction "The Red Hat Club" framed a character to closely resemble her. However, her claim of invasion of privacy was declined. The verdict will likely be appealed.
As Andy Peters reports in the FULTON COUNTY DAILY REPORT, the defense attorney said that the jury ruled for the plaintiff because "they were essentially instructed that, in Georgia, modeling a fictional character after a real person is a strict liability." Those jury instructions could well be the ground for appeal.
On the other hand, the defendant author Haywood Smith and her publisher St. Martin's Press might use this negative publicity to sell a whole lot more books. Bad sells more than good. The heck with the $100,000. Of course, there's an important principle here. However, could a jury not in the South come up with such a chilling verdict? Me? If I were Smith, I would just laugh my way to the bank and ignore an isolated instance of ignorance.
The reality is, as we know from Joe Klein's "Primary Colors," buzz about the possible real-life identity of the fictional character can open doors that might not have been opened. The book was made into a movie. Already that kind of buzz has boosted sales of my novel "The Fat Guy From Greenwich." Since the protagonist Jonathan Miller II aka The Fat Guy works in Manhattan, a growing number of New Yorkers ask me if they, their boss, or even their husbands are the basis for the character. Yeah, they're so vain.
What if I'm sued? I will become rich on the sales the controversy generates. And, I would defend myself pro se. That will tie up the plaintiff for years in litigation and most courts bend over backwards to assist the person doing it pro se. There's also a book in that, of course. All the advanced publicity would make that a brisk seller too.