May 16, 2012
Protip: Kegstands and Vertigo Are Inconsistent With Each Other--Johnson v. Ingalls
Johnson v. Ingalls, 2012 WL 1537480 (N.Y. App. Div. May 3, 2012)
The latest entry in my popular series of blog posts about plaintiffs burned by inconsistent evidence in their social media accounts. Today's case addresses the admission of about 20 Facebook photos in a vehicular personal injury lawsuit that resulted in a defense verdict from the jury. The court says the photos are admissible:
Plaintiff claimed that, as a result of her injury, she suffered severe anxiety, vertigo, constant migraines and pain for a period of about two years, that her anxiety prevented her from going out or socializing with friends, and that she required antidepressant medication. The [Facebook] photos admitted were taken over a 1 1/2-year period beginning shortly after the accident. They depicted plaintiff attending parties, socializing and vacationing with friends, dancing, drinking beer in an inverted position referred to in testimony as a “keg stand,” and otherwise appearing to be active, socially engaged and happy. They further revealed that plaintiff consumed alcohol during this period, contrary to medical advice and her reports to her physicians.
Prior blog posts in this series:
* Protip: Kegstands and Vertigo Are Inconsistent With Each Other--Johnson v. Ingalls
* Social Media Photos Foil Yet Another Litigant--Clement v. Johnson's Warehouse
* YouTube Video Impeaches Witness' Credibility--Ensign Yacht v. Arrigoni
* Facebook Entries Negate Car Crash Victims' Physical Injury Claims
* Contrary MySpace Evidence Strikes a Litigant Again--HAC, Inc. v. Box
* MySpace Postings Foil Another Litigant--Sedie v. U.S.
* Disturbingly Humorous MySpace Posts Used as Impeaching Evidence in Spousal Abuse Case--Embry v. State
* Latest Example of Social Networking Site Evidence Contradicting In-Court Testimony--People v. Franco