After trooper, who was in course and scope of employment with the State Police, was cast in judgment, the defendants argued on appeal that the trial court erred in declining to admit photos and comments that the plaintiff had posed on MySpace.  Applying the law-of-the-case doctrine based on the denial of a previous writ application, the Court of Appeal noted the failure to present specific photographs or comments supposedly inconsistent with what the plaintiff told her physicians. In addition, the plaintiff was apparently questioned regarding statements she made on MySpace on cross-examination.

“As an aside, this writing judge is of the view that a person’s online life depicted in social media is commonly not intended to reflect reality as much as it is intended to engender discourse. Therefore, courts should give serious consideration as to what probative value, if any, should to be given to such ‘evidence’.”

 

Collins v. Louisiana State Police, No.2013-412 (La. App. 3^rd Cir. 10/23/2013), 158 So.3d 17, writ denied, 133 So.3d 684 (La. 2014).