Barrett v. Ambient Pressure Diving, Ltd., 2008 WL 4280360 (D.N.H. Sept. 16, 2008) (Unpublished)

Key Insight: Sanction of dismissal not warranted where data stored on dive computers was lost when it could no longer be downloaded after one year, since plaintiff did not engage in deliberate destruction, she did not know whether data was helpful or hurtful to her case because she had not seen it, and she had not known that data would automatically become unavailable for download after one year; defendant?s entitlement to alternative relief to be decided at trial; court further granted plaintiff?s motion for summary judgment dismissing defendant?s counterclaims for ?fraud on the court? and ?spoliation of evidence?

Nature of Case: Negligence, product liability, wrongful death

Electronic Data Involved: Dive information stored on VR3 dive computers