Duquesne Law Review


Patty Plaintiff was driving on a Pennsylvania road when Denny Defendant ran a red light and struck Plaintiffs vehicle, causing Patty to lose control of her car and strike a pole. Patty sustained injuries to her neck, back, and face. She subsequently sued Denny for damages, including lost wages, lost future earning capacity, pain and suffering, loss of ability to enjoy the pleasures of life, and scarring and embarrassment. In addition, Patty's husband filed a claim against Denny for loss of consortium. Denny's counsel conceded Denny's negligence, leaving only the amount and extent of damages at issue. In the discovery phase of litigation, Patty claimed that she could no longer participate in certain physical activities because of her injured neck and back and that her enjoyment of life had been impaired. In addition, Patty's husband claimed that he no longer takes pleasure in his wife's companionship and affection since the accident. While deposing Patty, Denny's counsel found out that Patty has a Facebook account and a Twitter account. However, certain content on Patty's Facebook account is available only to those people whom Patty designates as a "friend," while other information is available for anyone to see. The information on her Twitter account is private: only users whom Patty allows to "follow" her can view it.

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