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Scott Cooper
Scott Cooper
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Pennsylvania Trial Court Denies Parties Motions For Social Media Discovery

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In Trail v. Lesko, No. GD-10-017249 (C.P. Allegheny July 3, 2012) Judge Wettick in the Court of Common Pleas in Allegheny County, Pennsylvania denies both the Plaintiff's and Defendant's motions to access each other's Facebook profiles. He denies the Plaintiff's request because initial dispute as to who was driving the at-fault vehicle is no longer at issue because the Defendant has now admitted to be the driver, admitted to driving while intoxicated, and admitted to crossing the center line.

He denies the Defendant's request because two offered photos on plaintiff's profile page showing the Plaintiff socializing and drinking are not inconsistent with the Plaintiff's injuries and complaints. Also, he finds that it can not be discerned when those two photos were taken or uploaded and the intrusion on the Plaintiff is not offset by any showing that the discovery would assist the requesting party present its case.

Judge Wettick also reviews the developing case law from the Pennsylvania trial court on the issue of discovery of social media information in personal injury cases. For a copy of the opinion contact Scott Cooper at Schmidt Kramer Injury Lawyers in Harrisburg, Pennsylvania.

Scott B. Cooper

Schmidt Kramer PC

209 State Street Harrisburg, PA 17101

(717) 232-6300 – Telephone (717) 232-6467 –

Facsimile scooper@schmidtkramer.com