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Spoliation

Recently an appellate court affirmed a trial court’s denial of a defendant’s motion for spoliation sanctions in a bicycle-related personal injury action. Here are the facts in Carlos v. Castillo, decided February 27, 2014: On January 26, 2009, plaintiff commenced this action seeking damages for injuries sustained on September 5, 2008, when, while riding a [...]

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In Malouf v. Equinox Holdings, Inc., the Appellate Division, First Department affirmed the lower court’s granting of (1) plaintiff’s motion “for spoliation sanctions to the extent of precluding defendant from arguing at trial that the treadmill plaintiff was using at the time of her accident was operating properly or was free from defects”, and (2) third-party defendant Life [...]

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In Strong v. City of New York, the Appellate Division, First Department recently held that sanctions were appropriate in light of the NYPD’s deletion of audio recordings preceding a car accident allegedly initiated by an NYPD driver. Plaintiff and others were injured when an NYPD vehicle “collided with a vehicle operated by defendant Geraldo Falcon, [...]

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In a recent case, SJS Distribution Systems v. Sam’s Club (decided October 11, 2013), the Eastern District of New York discussed and applied the doctrine of “spoliation” as it relates to discovery in civil litigation. There, plaintiff argued that it “discovered a discrepancy between the packaging of the diapers that it ordered and some of [...]

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Gilchrist v. City of New York, decided on March 7, 2013, contains an important lesson for plaintiffs’ lawyers in personal injury cases:  wherever possible, make sure to specifically request that certain pieces of evidence be preserved.  Here, the defendants’ failure to preserve such specifically requested evidence resulted in sanctions for spoliation of evidence. In this [...]

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