Hulk Hogan sues Bubba the Love Sponge over sex tape
"The decision has been made. We're filing two lawsuits today," Hogan's lawyer, David Houston, tells the New York Daily News on Monday (Oct. 15). "They start with the same basic concept of invasion of privacy."
Bubba's ex-wife will also be named in the complaint, which contends that the couple made the sex tape without Hogan's consent.
"Our position, and Terry knows this, is that Bubba is a victim here too," Bubba's lawyer, Stephen Diaco, says. "I don't know how you sue a victim. Let's see how it all plays out. Bubba loves Terry, the best man at his wedding. They're best friends for a lifetime. Bubba would literally take a bullet for the guy."
As of Monday afternoon, Diaco had yet to see the complaint.
A one-minute clip of the half-hour recording was released on Gawker on Oct. 4. The site says it received the tape from an anonymous source, asking for no payment in return. RadarOnline.com has reported that a disgruntled former employee of Bubba is the culprit who leaked the recording.
However, Hogan's lawyer says that even if Bubba didn't leak the tape, he still betrayed Hulk by recording the bedroom romp.
"I appreciate the idea there are two separate issues here with recording and dissemination, but one does not cure the other. It doesn't mean it's okay that Bubba chose to secretly videotape his best friend if he's not the one marketing it," Houston says.
TMZ reports that near the end of the video, after Hogan had left the room, Bubba tells Heather, "If we ever did want to retire, all we'd have to do is use this footage."
Hulk says he had told his friend, "If you had anything to do with this, that means we were never friends."