Aaron and Christine Boring of Pittsburgh, who lost their first court round in a five-count complaint against Google (NASDAQ: GOOG) earlier this month, are asking District Court Judge Amy Reynolds Hay to reconsider her ruling.
In a suit filed last April the Borings claimed that the “street view” feature of Google’s mapping service, which displayed their home on a private road, violated their privacy. They sought compensatory and punitive damages in the lawsuit.
The judge [kicked](/search/article.php/3804666/Googles+Street+View+Survives+Court+Test.htm) the case to the curb on February 19. In her ruling the judge stated the following:
“The Borings have not alleged facts sufficient to establish that they suffered any damages caused by the alleged trespass. They do not describe damage to or interference with their possessory rights,” wrote Hay, who presides over the Western District of Pennsylvania.
“Instead, they claim, without factual support, that mental suffering and a diminution in property value were caused by Google’s publication of a map containing images of their home.”
Yesterday Borings’ lawyer, Gregg R. Zegarelli, of Zegarelli Technology & Entrepreneurial Ventures Law Group, provided *InternetNews.com* with a document it has filed in federal court requesting a motion for reconsideration. It is not a formal appeals request, which is an available option.
The 33-page document requests the court to consider reinstating the suit on two of the original counts, trespass and unjust enrichment. The couple seek punitive damages and a jury trial.
The legal document opens with the following statements:
*This case is about every little guy, once again being trampled upon by the big shoe of big business. With nowhere to turn but the American Courts, he is cast away to endure the pinpricks of trespass that bleed our American liberty to death.
Whether the trespass is by a foreign king, or the royalty of big business, does not matter. The Borings, such as our American forefathers in millennia past, are entitled to proclaim, “Google, Don’t Tread On Me.”*