In Trail v. Lesko, No. GD-10-017249 (C.P. Allegheny July 3, 2012) Judge Wettick in the Court of Common Pleas in Allegheny County denies both the Plaintiff's and Defendant's motions to access each other's Facebook profiles. The Plaintiff's request is denied because the initial dispute as to who was driving the at-fault vehicle is no longer at issue because defendant has now admitted to be the driver, admitted to driving while intoxicated, and admitted to crossing the center line.
The Defendant's request is denied because two photos on the Plaintiff's profile page showing the Plaintiff socializing and drinking are not inconsistent with plaintiff's injuries and complaints. Judge Wettick also finds that it can not be discerned when those two photos were taken or uploaded and the intrusion on the Plaintiff's privacy is not offset by any showing that the discovery would assist the requesting party present its case.
Judge Wettick also does an excellent analysis of the recent trial court cases dealing with discovery of social media in Pennsylvania personal injury cases.
For a copy of the opinion feel free to contact Scott Cooper at Schmidt Kramer.
Scott B. Cooper