Cynthia L. Evans v. AlliedBarton Security Services, Inc.

The firm uses Facebook evidence to impeach Plaintiff and exclude a key witness via motion in limine to obtain a defense verdict for its client in a slip and fall incident. 

Plaintiff, a 52-year-old former manager at West Valley Mall in Tracy, California, alleged that on February 26, 2007 she was walking through the employee service hall next to the Target store when she slipped on some rainwater near the entrance and sustained injuries. Plaintiff alleged that AlliedBarton Security Services LP failed to adequately maintain the premises in that they could have placed warning devices such as cones or signs or used portable mats.  Plaintiff alleged injuries to her right shoulder, left shoulder, low back pain, right hip pain, right ankle swelling, and neck pain. Plaintiff underwent right shoulder surgery.

Defendant AlliedBarton’s motion in limine to exclude a key witness to be called by plaintiff was granted by the court. The witness intended to testify that AlliedBarton had notice and previous knowledge that the hallway in question allowed water to intrude when it was raining. The court excluded the testimony of the witness based upon the willful failure by plaintiff to disclose the witness to defendants during the discovery process. Further, Defendant AlliedBarton effectively used “Facebook” evidence to impeach plaintiff by showing videos and photographs of plaintiff living a healthy, active lifestyle as a musician.  The jury came back with a defense verdict on behalf of AlliedBarton.