NORTH AURORA – A North Aurora couple refiled a lawsuit seeking damages for invasion of privacy after their neighbors’ 16-year-old-son placed a hidden camera in their bedroom.
David and Katerina Speers originally filed the suit in December against Scott and Teresa Thompson and their teenage son, whom the Speers previously hired as their baby-sitter.
They were seeking more than $50,000 in damages.
Judge Edward Schreiber in April dismissed both counts of the lawsuit without prejudice, saying the plaintiff’s attorney failed to provide specific facts and damages.
Schreiber said the fact that the device was capable of recording was insufficient, adding that the suit would have to allege that the device captured some kind of private acts.
A hearing on the case is set Aug. 27.
In their amended complaint, the Speers allege that they suffer from anxiety, depression, embarrassment and the need to see therapists because of the hidden camera.
They also contend that their neighbors knew their son, who has Asperger’s syndrome, is prone to make poor decisions and they “failed to carefully supervise his activities and determine the location and use of the aforesaid camera.”
In asking for the lawsuit to be dismissed, the Thompsons’ attorney, Thomas Scherschel, argued that parents are not liable for the actions of their children merely because of the parent-child relationship.
“Because a child has a bicycle does not mean a parent should know the child might run into pedestrians,” Scherschel wrote. “Because a child has a BB gun does not mean he will shoot it at another person. Because a minor has computer equipment, as most minors do, does not mean the parent should know the minor will use the equipment in a tortuous manner, although most computer equipment can be used in any number of wrongful ways.”