Horse v. BNSF R.R. Co., —P.3d—, 2015 WL 3444432 (Mont. May 29, 2015)

Key Insight: On appeal, Supreme Court found that lower court?s failure to order default judgment for Defendant?s spoliation of potentially relevant surveillance video despite a request for preservation and the sophistication and experience to understand the need to preserve was not an abuse of discretion but did find that the failure to award a meaningful sanction was an abuse of discretion where the instruction that Defendant would not be allowed to discuss the surveillance video?which it claimed showed no evidence of the at-issue accident?unless Plaintiff brought it up put the Plaintiff in a bind such that if he brought up the destruction of the video, Defendant could argue it contained nothing, and thus take advantage of the video?s unavailability to rebut their claim; the case was remanded for a new trial

Nature of Case: Work-related injury

Electronic Data Involved: Surveillance video

Leave a Reply

Your email address will not be published.

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Copyright © 2022, K&L Gates LLP. All Rights Reserved.