MySpace profile cited in court dispute over citizenship

Details in a MySpace user profile of a 31-year-old woman have been cited in a court case that centers on whether she lives in Pennsylvania or New Jersey.

Details in a MySpace user profile of a 31-year-old woman have been cited in a court case that centers on whether she lives in Pennsylvania or New Jersey.

Kristin Galonsky claims she tripped and fell in March 2005 when leaving a comedy club in New Jersey owned by the Tropicana Casino and Resort and sued the casino in federal court in Philadelphia. She claims in legal documents to be a "citizen and resident" of Southampton, Penn., which is just across the Delaware River from New Jersey.

Tropicana has asked U.S. District Judge J. Curtis Joyner to transfer the case to a New Jersey court, saying the alleged incident happened in that state, all the primary witnesses are in that state, and Galonsky herself actually lives in that state.

Pictured is an excerpt from Tropicana Casino's brief saying case should be transferred to New Jersey.

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To buttress their arguments, Tropicana's attorneys printed out a MySpace profile they argue is Galonsky's and told the judge it lists her home address as Woodbury, N.J.

"Her close connection with New Jersey would appear to favor that venue over Pennsylvania," their brief says. (Note to other potential plaintiffs: delete your MySpace profiles before filing suit.)

As an aside, it's worth taking a look at the details of the case. Galonsky, who was 29 at the time of the alleged accident, claims she slipped and fell because of the "dangerous condition which existed on the surface of the floor" because it was "a highly lacquered cobblestone, which was very slippery."

Her lawyer, David Ginsberg, claims that, as a result, Galonsky "sustained serious, painful and permanent injuries to her head, neck, back, chest, shoulders, arms, wrists, hands, fingers, legs, hips, knees, feet and the bones, cartilages, ligaments, muscles, nerves, blood vessels, and soft tissues attached thereto." Whew.

About the only thing missing in this remarkable list of injuries is Galonsky's toes, but we assume that Ginsberg is able to rectify this unfortunate oversight by amending his complaint. He initially demanded $190,000 from Tropicana but, after being rebuffed, filed the lawsuit.

In addition to her physical injuries, Ginsberg claims his client also experienced "anxiety reaction" and "posttraumatic syndrome." Post-traumatic stress syndrome is, of course, what returning Vietnam veterans experienced after intense combat experiences over many months or years--that must have been one hell of a slip and fall.

 

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