Rhone v Schneider Nat’l Carriers, Inc., 2016 WL 1594453
In Rhone v Schneider Nat’l Carriers, Inc., evidence retrieved from the plaintiff’s social media sites contradicted her claims of physical injuries and impairments that resulted from a motor vehicle accident.
During the defendant’s private investigation, they found relevant information on the plaintiff’s public social media profiles. Although the plaintiff argued that the defendant violated her privacy rights, the Court found that such evidence was warranted due to the findings of the defendant’s independent investigation, which uncovered public photos and comments indicating that she was engaging in physical activities such as dancing, which contradicted her alleged physical injuries and impairments.
The Court held that because the plaintiff’s social media posts potentially undermined her physical complaints, the plaintiff was compelled to produce documents pertaining to both her public and non-public social media content.
Key Takeaways in This Case
- A request for the production of social media evidence is warranted and relevant when social posts show the plaintiff is involved in activities that are inconsistent with their alleged injuries and impairments.
- There are limitations to the disclosure of social media evidence and each case will be decided on an individual basis. Notably, the production of passwords is not permitted.
- In all cases, the defendant’s request of social media evidence must be timely and limited. Typically, evidence produced must start only from the date of the accident.
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