Skip to Main Content
Services Talent Knowledge
Site Search


June 6, 2023

The Brief Case: "Trucking Company's Accident Reconstruction Expert Excluded as Spoliation Sanction for Company's Failure to Preserve Truck After Fatal Accident"

Ben Carroll, partner, had his “Trucking Company’s Accident Reconstruction Expert Excluded as Spoliation Sanction for Company’s Failure to Preserve Truck After Fatal Accident” article published in the Brief Case, DRI’s aggregated committee newsletter. The article explores Gorman v. Totran Transp. Servs. Ltd., a matter that raises questions regarding spoliation and the preservation of evidence. The article states:

“The Court concluded that Totran spoliated ‘clearly relevant’ evidence that had prejudiced the Estate. The Court explained that Totran’s ‘willfulness in allowing Mr. Pryce’s semi-truck to be destroyed’ was evident. Even though Totran was on notice to preserve relevant evidence just three weeks after the accident, Totran put the truck back into service about one week after the accident. Totran’s destruction of the truck therefore deprived the Estate of the ability to have its own human factors expert perform critical aspects of his analysis . . .”

“The Gorman case serves as a stern warning to trucking companies to adequately preserve all relevant evidence, including the truck itself, when litigation is likely.”

Click here to read the full article.


Click here to sign up for alerts, blog posts, and firm news.

Featured Media


NYS Department of Health Publishes Amended Proposed Cybersecurity Regulations for Hospitals


FTC Noncompete Rule Survives—For Now


New York Trial Court Finds Uber Is Not Vicariously Liable for Driver's Negligence


ERISA Forfeiture Lawsuits: Navigating the Emerging Legal Landscape


EU Leads the Way on Artificial Intelligence Regulation


End of An Era: SCOTUS Overturns Chevron After 40 Years of Deference to Administrative Agencies

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out