Thursday, August 18, 2011

Spoliation of Evidence Sanction Granted Against A Plaintiff

In the case of Pa. Trust v. Dorel Juv. Grp.,  2011 WL 2789336, No. 07-4029 (E.D.Pa. July 18, 2011 Schiller, J.), the Eastern District Federal Court imposed a spoliation sanction against a plaintiff in a an auto accident case in which a claim was made that a child booster seat was improperly designed.

After noting that the plaintiff failed to take pictures of the seat before signing the title over to the towing service following the accident, the court found that the elements to support a spoliation sanction were established by the defense. 

The court precluded the plaintiff's testimony regarding the use of the child booster seat on the day of the accident and granted the defense an adverse inference jury instruction.

This Opinion may be viewed online here.

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