Ms. Piccolo allowed the insurer to come to her home in 2008 and take photographs of her face. She also gave the defense 20 photos of her face from the week following the accident as well as five photos from the months just before the accident. She allowed the defense to take more pictures at the September 2010 deposition.
"Defendant Paterson has not made a prima facie showing of need for access to the non- public pages of [Piccolo's] Facebook account," Mr. Lipman said in his motion.
"She has all the photographs she can reasonably use from every different period before and after the accident and she has not asserted that there is likely to be any text in the non- public postings that is material or will likely lead to the discovery of material evidence."The judge agreed, adding, "'the materiality and importance of the evidence ... is outweighed by the annoyance, embarrassment, oppression and burden to which it exposes' Ms. Piccolo."
Being reasonable prevails!