Back in 2012, a young woman was killed when she drove into the path of a semi-truck in Suwannee County. According to one report of the accident, the woman was heading eastbound on 216th Street when she entered the intersection of Suwannee County Road 49. Upon doing so, she was side-swiped by a tractor-trailer driven by a 42-year-old Lake City man. The front of the truck collided with the driver’s side of the woman’s car. She was pronounced dead on the way to the hospital.
The woman’s family sued the driver of the truck, claiming that he was negligent in the operation of his vehicle, resulting in the young woman’s death. At trial, the truck driver denied responsibility, claiming that the woman was at fault for the accident. The defendant truck driver sought the cell phone records of the young woman, arguing that the woman may have been texting or using her phone at the time of the accident. This issue was recently presented to a Florida appellate court.
In response to the defendant’s request, the plaintiffs cited their loved one’s privacy right in the use of her own cell phone. They claimed that there was no compelling reason to obtain and view the cell phone records, which may expose the private conversations of their passed loved one.