In the recent Pennsylvania case of Kelter v. Flanagan (286 Civil 2017), a Judge ruled that the plaintiff in a personal injury lawsuit was required to provide the defendant with her log-in information to her Instagram account.
The defendant claimed that the plaintiff had posted photographs of herself engaged in vigorous physical activities, such as shoveling snow and exercising, even though the plaintiff claimed that the accident prevented her from doing these activities. After being questioned about the postings in a deposition, the plaintiff changed the Instagram privacy settings to private. The defendant claimed that there may be other relevant information on her Instagram account that would show the nature and extent of the plaintiff’s injuries. The Court said that “Plaintiff has chosen to interact and share her personal life with others through social media…The fact that she changed her account to a private setting, rather than eliminate the account and her use of this social networking source, casts doubt on any assertion that there is nothing relevant in the account postings.” The Court ordered the plaintiff to provide her log-in information to the defendant, and also prohibited the plaintiff from removing or deleting any information posted on the account.
The attorneys of Supinka & Supinka, PC are experienced in handling personal injury claims and related discovery issues that arise in such cases. For more information and a consultation, please call Supinka & Supinka PC (724) 349-6768.
