TBA Law Blog


Posted by: Katharine Heriges on Feb 14, 2018
The New York State Court of Appeals ruled that Facebook photos set as private are discoverable, the ABA Journal reports. The ruling came in a lawsuit involving a horse riding accident, in which the plaintiff, Kelly Forman, alleged that she fell off a horse fitted with a defective stirrup. Forman’s suit claims that the accident caused serious injury and reduced her to being unable to use a computer or compose “coherent messages.” Forman’s use of Facebook pre-accident came up during a deposition, so the defense sought access to Forman’s entire Facebook account on the basis that her photos and posts were relevant to the scope of her injuries. The court granted a motion to compel after Forman refused to provide access.