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.