Tag: Personal Injury

1
Bursztein v. Best Buy (S.D.N.Y. 2021)
2
Maurice v. Allstate Insurance Co. (W.D. Wash. 2020)

Bursztein v. Best Buy (S.D.N.Y. 2021)

Key Insight:

Plaintiff moved to sanction Defendant for failure to comply with discovery obligations and spoliation of evidence in personal injury and premises liability litigation. The discovery requests that led to Plaintiff’s Motion were for video surveillance of, and facilities records and training manuals related to the “slip and fall” incident at issue in the litigation; the Defendant did not fully respond to the requests, and failed to preserve electronically stored information (ESI) relating to the incident.

The Court partially granted Plaintiff’s Motion for Sanctions, allowing Plaintiff to present evidence at trial regarding Plaintiff’s spoliation of the ESI, and awarding attorney’s fees and costs incurred in briefing the Motion. The Court found that the Defendant failed to preserve the surveillance footage as well as entries in its Facilities Request System. Moreover, the Defendant failed to produce the above mentioned facilities records and training manuals.

Nature of Case: Personal Injury, Premises Liability

Electronic Data Involved: Surveillance Video, Facilities Request System (Database)

Case Summary

Maurice v. Allstate Insurance Co. (W.D. Wash. 2020)

Key Insight: Defendant had a Motion to Compel Plaintiff to produce information and documents regarding physical and emotional injuries that she purportedly sustained during the accidents giving rise to litigation.

Among the information sought by Defendant were documents and information regarding the negative impact a motor vehicle accident on her social life, hobbies and activities. This included communications, emails, text messages, photographs, video and Facebook posts. Defendant’s Motion was granted, however, Defendant’s request for attorney’s fees and expenses was denied.

Nature of Case: Insurance Contract

Electronic Data Involved: Emails, Text Messages, Photographs, Video and Facebook Posts

Case Summary

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