Destroying Evidence is Self-Destruction

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Article authored by Gina Barbieri, and posted on ELL Blog.

This article provides commentary regarding the case Whited v. Motorists Mut. Ins. Co., 2010 WL 3862717 (E.D. Mich. Sept. 28, 2010)

In this case the plaintiff allegedly presented falsified documents in support of his case. The plaintiff's computers were subject to discovery requests, and the defendant sought a forensic examination in attempt to prove the documents presented by plaintiff were false. As the article points out,  "When deciding whether to dismiss a case for failure to comply with discovery orders the courts use a four part test: (1) whether the non-moving party’s failure to cooperate in discovery was due to willfulness, bad faith, or fault; (2) whether the non-moving party’s failure to cooperate caused prejudice to the adversary; (3) whether the non-moving party was warned that its conduct could lead to dismissal; and (4) whether less drastic sanctions were imposed or considered. Regional Refuse Systems, Inc. v. Inland Reclamation Co., 842 F.2d 150. 154 (6th Cir. 1988)."

As the article further states, there was ample evidence of bad faith on the plaintiff's part, "The computers were shipped for examination after the stated deadline and all showed signs of excessive use or tampering including the replacement of a hard drive, deletion of 1,300 files and backdating of dozens of documents. The plaintiff offered weak excuses for breaching the court order, the court found this to be conclusive evidence of willfulness and bad faith. The evidence of bad faith was further solidified after a computer technician, who serviced the computers, testified that he had replaced the computer’s hard drive after the court order was in effect because the plaintiff’s had never informed him that using the computer prohibited."

The case was subject to the ultimate sanction of dismissal due to the plaintiff's improper and willful conduct.

P.S.
 As the author concludes, "It is less damaging to admit damning evidence than it is to destroy it, spoliation of evidence can result in the inability to litigate your claim now or in the future."