Facebook Isn't Your Space Anymore: Discovery of Social Networking Websites

In his attorney’s words, “Jerry” learned about the dangers of Facebook “the hard way.” After he sustained neck and back injuries in a car accident, Jerry retained Seattle personal-injury attorney Christopher Davis to represent him in a suit against another driver. The defendant’s insurer hired a lawyer, and each side commenced discovery. Medical experts were hired, documents were exchanged, and depositions were taken. Jerry testified in his deposition that the accident likely would require “periodic medical treatment off and on to treat his neck and back pain symptoms in the future.” About a month before trial, the insurer’s attorney sent Davis a CD loaded with photos and a video of Jerry snowboarding that the insurer intended to admit into evidence. The video, produced years after the accident, showed Jerry “going off jumps on his snowboard at a high rate of speed.” The insurer’s attorney downloaded the photos and video from the plaintiff’s Facebook and MySpace pages. Davis, aware of “the perception that these materials were likely to create for the jury,” contacted the insurer to settle the claim and avoid a trial. The claims adjuster revised her previous assessment of Jerry’s