![]() ![]() The trial court ruled that the plaintiff had to produce all posted photos of herself, except for those depicting nudity or romantic encounters. She pointed out that her lone “public” photo did not contradict either her claims or her deposition testimony. Instead, she argued that the defendant had not met the burden of proving a basis for access to her social media account. The plaintiff did not claim any of the exceptions permitted by New York law, generally relating to attorney-client privilege, attorney work product, or trial preparation materials. He sought photos to document her activities (or lack thereof) and timestamps showing the length of time the plaintiff took to write a message, as well as the contents of the messages. The defendant claimed the material was relevant to the scope of the plaintiff’s injuries and her credibility. He requested all contents of the plaintiff’s private social media account. The defendant sought discovery pursuant to New York’s Civil Practice Law and Rules § 3101(a). The plaintiff sued the defendant for damages due to her injuries, in New York state court. As a result, she de-activated her social media account approximately 6 months after the accident. Since the fall, however, she alleged that her injuries made it difficult to compose coherent messages and their composition would take a very long time. The plaintiff said that she had been active on social media prior to the accident, posting many photos of her active lifestyle. ![]() As a result of that fall, the plaintiff alleged that she suffered both spinal and brain injuries, causing, among other things, difficulties with her ability to make written an oral communications. This personal injury case began when the plaintiff fell from a horse owned by the defendant, allegedly due to a defective stirrup breaking. Henkin, 2018 NY Slip Op 01015, New York’s highest state court unanimously ruled that “private” social media posts may be subject to discovery in civil lawsuits. By David Kessler (US) and Susan Ross (US) on FebruPosted in Regulatory response ![]()
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