A federal magistrate has denied a motion to compel Facebook records in a slip and fall case. The plaintiff claimed back injuries, but the defendant suggests the plaintiff might be faking some of her injuries (they have a surveillance picture of her pushing a grocery cart). Tompkins v. Detroit Metro. Airport, 2012 U.S. Dist. LEXIS 5749 (E.D. Mich. 2012).
The court found that the Facebook data is not relevant because the plaintiff is not alleging that damages that prevent her from, for example, pushing a grocery cart. "If the Plaintiff's public Facebook page contained pictures of her playing golf or riding horseback, Defendant might have a stronger argument." Further, the judge noted that the defendant's request for the entire account was overly broad.
Friday, January 20, 2012
Judge denies discovery request for Facebook data
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I don't understand how it can be faked considering the charge would have been null and void in the first place if there are no witnesses and if the accused had denied the allegations up front.
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