‘Doa IQ Bertemu Jodoh Yang Baik’- Iqram Dinzly Dedah Isi Surat Terakhir Buat Arwah Bapa.. Sedihnya
Sumber : Ohbulan
Nyc Personal Injury
The New York Court of Appeals gave defense counsel in personal injury cases a Valentine’s Day present when it ruled, on February 13, 2018, that discovery under the New York Civil Practice Law and Rules (CPLR 3101 (a)) required the disclosure of certain “private” information that had been posted on a plaintiff’s Facebook account because it was reasonably calculated to contain evidence “material and necessary” to the litigation and ordered the information produced. Forman v. Henkin, New York Court of Appeals, Number 1 (2018).
The case involved claims for personal injury by a plaintiff who alleged that she was injured when she fell from a horse owned by the defendant, resulting in claimed spinal and traumatic brain injuries, cognitive defects, memory loss, difficulties with written and oral communication, and social isolation. The plaintiff had maintained a Facebook account in which she admitted she had posted a lot of photographs showing her pre-accident lifestyle, but that she deactivated the account about six months after the accident and could not recall whether any post-accident photographs were posted. Part of her claim included a contention that writing a simple email could take hours because she had to go over written material several times to make sure it made sense, due to her cognitive impairment.
The defendant sought unlimited authorization to obtain the plaintiff’s entire “private” Facebook account, claiming that photographs and written postings would be material and necessary to his defense under CPLR 3101 (a). Plaintiff refused to provide the information and the defendant moved to compel, arguing that the Facebook material was relevant to the scope of the plaintiff’s injuries. The trial court granted the motion to compel to the limited extent of directing plaintiff to produce photographs of herself privately posted on Facebook prior to the accident that she intended to introduce at trial, as well as all photographs of herself privately posted after the accident, which did not depict nudity or romantic encounters, and an authorization for Facebook records showing each time plaintiff posted a private message after the accident and the number of characters or words in the message.
