Sago mine survivor's wife sues brother-in-law over hospital photo

The AP is reporting that the wife of the survivor of the West Virginia mine explosion is suing her husband's brother for taking a picture of the him in the hospital and submitting to the National Enquirer.

Virginia law recognizes a civil action for "[a]ny person whose name, portrait, or picture is used without having first obtained the written consent of such person, or if dead, of the surviving consort and if none, of the next of kin, or if a minor, the written consent of his or her parent or guardian, for advertising purposes or for the purposes of trade." Va. Code § 8.01-40.