Archive: August 21, 2005

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Court Affirms Adverse Inference Sanction and Inadmissibility of Spoliation-related Prejudicial Evidence

Court Affirms Adverse Inference Sanction and Inadmissibility of Spoliation-related Prejudicial Evidence

Foust, et al. v. McFarland, et al., 698 N.W. 2d 24 (Minn. Ct. App. 2005)

On May 15, 1998, Jeffrey L. Foust (“Foust”) suffered brain and other injuries when his vehicle was struck by a truck driven by John R. McFarland (“McFarland”). The truck had failed to yield at an intersection where traffic signals had been disabled by a storm. A jury awarded Plaintiffs $11,310,464, despite a finding that Foust had intentionally destroyed electronic evidence. Read More

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