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Verdicts
No Facebook Evidence Without a Witness
New York's Appellate Division, Second Department, has barred a medical malpractice defendant from submitting into evidence Facebook posts of the plaintiff, allegedly describing his physical activities, for lack of proper authentication. Lantigua v. Goldstein, 2017 N.Y. App. Div. LEXIS 3115; 2017 NY Slip Op 03164 (N.Y. App. Div., 2nd Dept., 4/26/17).
The case involves a patient who brought suit in a Brooklyn court 13 years ago. It was set to go to trial in 2013, but defendants Jeffrey Goldstein and his medical practice moved for leave to conduct a fourth deposition of plaintiff Roy Lantigua, citing new evidence. At the 2014 deposition that followed, the defendant presented the plaintiff with 13 pages of computer printouts containing statements allegedly attributable to Lantigua. The Facebook posts mentioned going out to bars, walking across the 1½-mile Williamsburg Bridge, and included statements like, “having a great workout.”
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