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Dayton woman sues man for sending her nude photos
Thursday, April 24, 2008
MIAMISBURG — A Dayton woman is suing a Dayton man and Sprint Nextel, claiming she received unsolicited text messages and nude digital photos of the man soon after he exchanged her Nextel telephone for a Sprint telephone at The Sprint Store in Miamisburg, according to Montgomery County court records.
Nicole McElveen of Dayton claims that on March 14, 2007, she obtained a new cellular telephone for herself, her husband and two minor children at the Sprint store, 261 N. Springboro Pike, from employee Daryl J. Roy.
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McElveen claims that after she left the Miamisburg store, she began to receive from Roy a number of text messages on her new telephone with comments regarding "her looks, requests to date, to have dinner and other requests to enter into a social relationship."
McElveen said she told him she was not interested "in any of his advances," according to documents.
McElveen said for 16 days Roy continued to send her unsolicited text messages and, on March 30, sent her, via Sprint PCA Picture Mail, which is not part of McElveen's plan, a digital photo of himself from the neck up, followed by more text messages, according to the lawsuit.
McElveen said Roy then sent her full-frontal nude photos of himself on April 9, 10 and 25, according to the lawsuit.
McElveen reported the incidents to Miamisburg store officials and said that "she had destroyed" the nude photos.
Roy denies the allegations and claims in court documents that McElveen often returned to the Sprint store to exchange telephones and that she first texted him and that "the two parties corresponded between themselves in this manner for a period of time." Roy claims in filings that McElveen requested photographs of him and "expressed her appreciation for receiving such photographs."
McElveen's attorneys did not return calls Thursday, April 24, and attorneys for both Roy and Sprint elected to give no comment.
McElveen is seeking compensatory damages of $25,000 and punitive damages of $1 million, claiming that she has suffered severe emotional stress, experienced loss of sleep, nervousness and incurred medical and hospital expenses for her care and treatment, according to filings.
Her husband, David, claims in the filing that he has suffered the "loss of services, companionship, love, affection and consortium of his wife" as a result of "the outrageous conduct" of the defendants.
McElveen's attorneys also claim that Sprint was "negligent in retaining" Roy "in his position as a customer service representative, because on occasions prior to March 9, 2007, he has digitally texted other Sprint female customers. These customers have presented themselves at the Sprint store in Miamisburg" and "expressed their displeasure with his conduct," according to filings.
Contact this reporter at (937) 225-9338 or kmcallister@DaytonDailyNews.com.
