“Private” Postings Nevertheless Discoverable

“A judge ordered the parties in a personal injury lawsuit to retain a neutral forensic computer expert, at defendants’ expense, to review plaintiff’s private Facebook postings for evidence of activities inconsistent with her alleged injuries. In Perrone v. Rose City HMA, LLC [PDF], plaintiff Grace Perrone claimed to have suffered severe, life-altering, and disabling injuries as a result of a fall at the Lancaster Regional Medical Center (LRMC)… During settlement discussions, the defendants had produced photographs of Perrone from her Facebook page depicting her shoveling snow, climbing up a snow bank, and riding a sled downhill on her stomach, face first, tumbling, and laughing-all activities inconsistent with her alleged injuries. Perrone claimed that the while she posted the photos to Facebook in February of 2010, they were actually taken at some other, unidentified time… The judge ultimately decided to ‘appoint a neutral forensic expert who will get in, get what they need, and get out. They won’t be fishing or looking at other things the way an attorney might if they were granted access to the account.” The court
limited the expert’s review to photos of and references to snow between January 27, 2010 and February 13, 2010.'”