Privacy, Discovery Collide Over Cell Phone Records in Auto Accident Litigation

"Few things are more personal and potentially more revealing than our phone records. The records of whom we choose to call and how long we speak with them can reveal much about our business and personal lives ..." -- Rep. Lamar Smith, introducing the Law Enforcement and Phone Privacy Protection Act of 2006, 152 Cong. Rec. E90-01 (daily ed. Feb. 8, 2006).

Individuals understand that with the decision to litigate a dispute comes the potential to have aspects of their lives made public that they would rather have kept private. Moreover, it is a reality that just by virtue of being named as a party to an action the same risk exists.

This article discusses recent case law delineating under what circumstances an individual's cell phone records become subject to disclosure in New York during the discovery phase of motor vehicle accident civil litigation. The first case, a decision out of Queens County and what will be considered the seminal state court case in this area, is Morano v. Slattery Skanska Inc., 18 Misc.3d 464, 846 N.Y.S.2d 881 (N.Y.Sup., 2007); second, is Page v. Napier, 2009 NY Slip Op 30325(U) (Sup. Ct. Nassau Co. 2009) (Brandveen, J.); finally, is the pronouncement by the Third Department in Detraglia v. Grant, 2009 NY Slip Op 09120 (3d Dept. Dec. 10, 2009).

To Continue Reading: Click Here
-----------------------------------------------
Source: Law.com
By: Joseph D. Nohavicka