LAWFUEL – The Law Newswire – The Anna Nicole Smith case, in one form or another, won’t go away. The most recent development has been a judicial ruling on her breast augmentation surgery.
A judge has issued a temporary restraining order that prevents the release of a 1994 videotape documenting a breast augmentation surgery for Anna Nicole Smith.
Superior Court Judge Mitchell L. Beckloff granted the order Friday at the request of Smith’s former attorney and executor of her will, Howard K. Stern. The injunction prevents the sale, distribution or dissemination of the videotape.
In court documents, first obtained by CelebTV.com, Stern accused Gerald Wayne Johnson, the Texas doctor who performed the surgery, of sending a tape showing the procedure to Thomas Riccio, a Los Angeles-based memorabilia dealer. Stern claims the surgery was taped without the former model’s consent.
Smith died of an accidental drug overdose in Florida in February at the age of 39.
In a letter written June 22, Johnson said he routinely records surgeries with the patient’s permission and promises to keep the video confidential “during the patient’s lifetime.” Johnson said he gave Riccio permission to use the video after Smith died.
Stern claims Johnson’s wife and Riccio would share in any proceeds from the sale of the videotape to various media outlets.
Telephone messages left for Stern’s attorney, Vivian Thoreen, and Johnson’s attorney, Gus Pappas, were not immediately returned Tuesday.