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Bus Company Denied Blanket Access to Plaintiff's Social Media Accounts

It was reported in Westlaw on August 15, 2017, that Manhattan Supreme Court Justice Lynn R. Kotler denied a motion by Gray Line NY Tours requesting access to a plaintiff's social media accounts because: "defendant failed to demonstrate that plaintiff's private postings from the date of accident to present from her Facebook page would be reasonably calculated to lead to discovery of information ...that effect her employment and day to day activities." The plaintiff was a passenger on the defendant's bus and suffered injuries when the bus came into contact with another vehicle. When questioned at her deposition the plaintiff admitted that she posted photos of her family and comments by her all of which were publicly available on Facebook. The defendant was already in possession of 19 pages of Facebook postings--none of which contradicted her deposition testimony.

After the deposition the defendant demanded plaintiff turn over photographs and postings from Instagram, Snapchat and Pinterest. As the Court pointed out--this was an impermissible fishing expedition as the defendant didn't even know whether the plaintiff maintained such accounts (deposition omission).2017 WL 3334697

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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