Georgia Court Rejects Defendant’s Spoliation Claim Against Personal Injury Plaintiff

A state appellate court recently released an opinion in a Georgia car accident case discussing the state’s spoliation doctrine as it pertains to relevant evidence that was accidentally destroyed by a third party before trial. The spoliation doctrine is an important one for Georgia personal injury victims to understand because it can result in serious sanctions against the party that destroys or fails to preserve relevant evidence. The Case’s Facts The plaintiff was a widower, the surviving spouse of a woman who died when the vehicle she was driving hydroplaned after encountering standing water on the highway. The allegations were that the defendant city failed to keep a storm drain clear, resulting in the excess water accumulating on the road’s surface. Evidently, after the accident, the plaintiff’s vehicle got towed to a scrap yard. The scrap yard demanded the plaintiff pay storage fees, or else the vehicle would be destroyed. Initially, the scrap yard…

Read more detail on Recent Medical Malpractice posts –

This entry was posted in Medical malpractice law and tagged , , , , , , , , , . Bookmark the permalink.

Leave a Reply