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Victim's MySpace page subpoenaed in lawsuit

01:27 PM MST on Friday, February 15, 2008

Chris Ingalls
KING 5

Cyber investigations becoming more common

ARLINGTON, Wash. – A young woman’s life was changed in a split-second by a devastating car crash.

Marissa Schneider wasn't at fault and was terribly injured in the crash. Therefore, her family sued the driver and Chrysler alleging that her injuries were due in part to a design flaw in her Dodge Spirit.

Now her family wants to know why Chrysler lawyers issued the subpoena for a court order to get inside her MySpace world to see her personal blogs.

These kinds of "cyber-investigations" are becoming more common in lawsuits.

Marissa Schneider of Arlington was just out of high school and an aspiring art student, but now the 21-year-old is in a nursing home because she can't talk or take care of herself.

Her parents remember the first time they saw her after a devastating car crash.

“It was awful seeing her laying in that bed. It didn't look like my daughter at all,” said Cindy Schneider.

“You just want to cry. It was very devastating," said Ken Schneider, her father.

Marissa's car was hit on her way to work when an on-coming driver crossed the center line.

After her family sued Chrysler, the company denied the claim and turned its attention to the young victim.

“I expected it to get a little rough, but not as rough as they're getting right now,” said Cindy.

Last week, Chrysler issued a subpoena to get full access to Marissa's My Space account, including private blogs which have been largely unchanged since her accident.

“It's what Marissa wrote and I don't see anything that has to do with it. It's just her private little messages to her friends," said Cindy.

Marissa's MySpace page includes some curse words and an admission that she smoked pot in the past. But the Schneiders’ attorney, Karen Koehler of Seattle, says both drivers were sober the night of the head-on crash and that Chrysler is trying to dig up dirt on a young woman incapable of defending herself.

“To say that anything posted on MySpace is gospel is ludicrous and it really paves the way for you to say: I can never post anything on this site because it's going to be used against me," said Koehler.

In a statement Thursday, a Chrysler spokesperson said Marissa's accident was tragic but believes information on her MySpace page could lead to relevant evidence.

The automaker would not explain any further.

Marissa's lawyer says she may ask the court for a protective order to keep Chrysler out of Marissa's MySpace account.