The daughter of Rev. Al Sharpton filed suit against the City of New York in early May and she is seeking $5 Million dollars as a result of a sprained ankle she suffered as a result of uneven concrete. The suit goes on to state that she "still suffers and will continue to suffer for some time physical pain and bodily injuries." We hope for a speedy recovery for Ms. Sharpton.
As a result of the magic of social media including Twitter and Instagram the following was learned about her injuries;
Sharpton's Instagram post stated one week after suffering the alleged injury, "We hiked UP the mountain, over the clouds ... into the SUNRISE
- Sharpton's Twitter account showed Sharpton and her friends in a picture where they are above the clouds.
- In a later Twitter post from Sharpton... "My house for the next few days. Surrounded by rice fields and Ubud jungle."
As a result of these posts The New Your City defense attorney Michelle Fox sent Ms.Sharpton's counsel a letter ordering them to preserve the entries on Instagram and Twitter. "The purpose of this letter is to demand that plaintiff preserve any photographs, documents, communications and any other information, both tangible and electronically stored, potentially relevant to her alleged trip and fall on Dec. 23, 2014." The letter was filed in Manhattan Supreme Court.
"This demand should be construed broadly to encompass materials related to plaintiff's health, mobility, activity or physical limitations after the alleged incident," Fox wrote. Fox' letter came two days after the New York Post disclosed that Sharpton, 28 had been traveling worldwide since taking the court action. Fox went on to include the demand that Sharpton not delete anything from cameras (digital and non-digital), e-mails, text messages, cellular phones, tablets and any other device.
Sharpton's attorney told the media that his client has been forthcoming and transparent throughout this case in regards to her injuries and he capabilities as they relate to her pain."
This story is something that we all deal with in today's world. While many of us are engaged on Social Media few of us ever measure the level of privacy we are giving up. Employers keep tabs on those they are considering hiring, spouses keep track and so do defense attorneys when they are working to limit someone else's recovery. Once something has been posted on the internet, even if it was posted as "private" it can become fair game and even the appearance of guilt can convey guilt to a juror or defense attorney. Please be careful with everything you post and consider what someone else might be lead to believe.
We are the Law Office of Guenard & Bozarth. We represent injured persons and you will not pay a fee until we win. Call us at 888-809-1075 or visit www.gblegal.com