To: Haim R. Branisteanu who wrote (90382 ) 5/24/2012 8:36:53 PM From: average joe 1 Recommendation Respond to of 217977 B.C. woman shouldn't be punished for Facebook photos of Vegas vacation, judge rules in ICBC case By NEAL HALL, VANCOUVER SUN May 24, 2012 4:02 PM Las Vegas Photograph by: .. , Submitted photo VANCOUVER -- A woman involved in a car accident court case should not be punished for Facebook photos of her on vacation in Las Vegas, a judge ruled this week. B.C. Supreme Court Justice Richard Goepel said he viewed the photos but found they were of limited usefulness in the ICBC case involving Lindsay Guthrie. "Ms. Guthrie is seeking compensation for what she has lost, not what she can still do," the judge said in written reasons. "The fact that she can spend a weekend with her friends in Las Vegas does not gainsay her evidence that she continues to suffer from the aftermath of the accident. She should not be punished for trying to get on with her life and enjoying it the best she can regardless of the limitations imposed on her as result of the accident." The Insurance Corp. of B.C. is using Facebook and other online social media against plaintiffs to try to reduce the costs of claims of people injured in car accidents. Earlier this year, a Williams Lake man was convicted of fraud and ordered to pay $18,000 restitution to ICBC, which caught the man bragging on Facebook that he had defrauded the insurance company for a car accident he caused. In the case of Guthrie, the 26-year-old credit union worker suffered soft tissue injuries while the passenger in a car that was stopped when it was rear-ended in 2009. She was in significant pain for the first two months after the accident, forcing her to take time off work, and still suffers chronic neck and shoulder pain. The judge found that Guthrie "aggressively attempted to deal with her injuries" by attending physiotherapy, massage therapy, took a series of painful intramuscular stimulation treatments and continues to exercise regularly. "She has done all she can to assist in her recovery," the judge concluded. Guthrie was awarded $165,582 in damages, including $65,000 in non-pecuniary damages, $4,258 for past wage loss, special damages of $11,323, $10,000 for the cost of future care and $75,000 for future loss of earning capacity. The full judgment is online at http://bit.ly/LdR7fB nhall@vancouversun.com http://www.vancouversun.com/news/woman+shouldn+punished+Facebook+photos+Vegas+vacation+judge+rules+ICBC+case/6673964/story.html#ixzz1vpyFjWgk