Jessica Arcement v. Blue Bayou Waterpark, LLC

Opinion

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 7440468 M. 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 Dec. 27, 2016) ( this court unpublished).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.