"After the November 2018 inspection, defense counsel did not take any steps to set a second inspection date to download the Kia's EDR nor did they communicate a further interest to inspect the Kia before its destruction, which occurred in April 2019," said U.S. District Judge Norman K. Moon of the Western District of Virginia.
February 17, 2023 at 01:58 PM
5 minute read
A federal judge in Virginia has again denied the defendants’ renewed motion for sanctions for spoliation against a plaintiff seeking over $10 million from a multi-vehicle crash for allegations that she and her attorneys failed to preserve her vehicle’s event data recorder.
In a Feb. 10 opinion, U.S. District Judge Norman K. Moon of the Western District of Virginia also denied the defendants’ motion to bifurcate the issues of liability and damages.
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