Jessica Arcement v. Blue Bayou Waterpark, LLC ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JESSICA ARCEMENT, LAUREN NO. 2019 CW 1374
CHAGNARD, AMANDA CONRAD, AND
WENDELL CONRAD
VERSUS
BLUE BAYOU WATERPARK, LLC
AND DIXIE LANDIN, LLC
In Re: Jessica Arcement, Lauren Chagnard, and Amanda Conrad,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 648978.
BEFORE: WHIPPLE, C. J., GUIDRY, CRAIN', THERIOT, AND PENZATO, JJ.
WRIT GRANTED. The September 27, 2019 judgment ordering the
unlimited production of relators' social media accounts, both
public and private, as part of the discovery requested by
respondents, subject only to a protective order prohibiting the
disclosure or use of the information outside of the litigation,
is reversed. Although information on social media accounts is
generally discoverable, discovery requests for social media
information should be " time and subject -matter limited." See
Scott v. United States Postal Serv., No. 15- 712, 2016 WL 7440468M. D. La. Dec. 27, 2016) ( this court
unpublished). Accordingly,
hereby limits the request for production to all information from
relators' Facebook accounts, including, but not limited to,
pictures, wall posts, and messages, since the September 6, 2015
accident that: ( 1) refer or relate to the physical injuries
relators allegedly sustained as a result of the accident and any
treatment received therefor; or ( 2) refer to or reflect physical
capabilities that are inconsistent with the injuries relators
allegedly suffered as a result of the accident. See Id.VGW
JMG
MRT
Crain, J., concurs in part and dissents in part. I concur in
reversing the trial court judgment but dissent and would order
respondents to produce the documents for in camera inspection
with a
log and order the trial
privilege court to consider and
rule on the admissibility of each document.
Penzato, J., concurs in part and dissents in part. I concur in
limiting the request for production but would also specifically
direct that reiators produce any Facebook content that refers or
relates to the incident sued upon or the pending litigation.
OURT OF EAL FIRST CIRCUIT
DEPUTT CLERK OF COURT
FOR THE COURT
Justice William J. Crain is serving as judge ad hoc by special appointment of
the Louisiana Supreme Court.