11 Ill. App. In addition, we note that the courts in Illinois have long presumed that nominal damages are available for this tort. 47 Ill. App. The availability of nominal damages notwithstanding, Century maintains that plaintiff has failed to demonstrate the existence of any damages beyond an award of nominal damages. Century contends that plaintiff must experience severe emotional distress.
Century misapprehends the nature of the tort with which it is charged.
The appropriation of a plaintiff s image is more properly in the nature of a usurpation of a plaintiff s property rights in the exclusive use of his image. See 62A Am. Thus, Century s contention that plaintiff must prove a significant level of mental distress is immaterial. Accordingly, plaintiff may prove, if he is able, the value of the use Century made of his image as well as any damages resulting from his alleged emotional distress. Century rightly notes that a reviewing court may sustain a summary judgment on any ground justified by the record.