Grieco v. Tecumseh Products Company et al

Filing 51

ORDER denying 50 Motion in Limine Regarding Spoliated Evidence and Response to Plaintiff's Memorandum of Authorities. Signed by Judge B. Avant Edenfield on 12/5/2013. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JOHN A. GRIECO,
Plaintiff,
V.

4:12-cv-195

TECUMSEH PRODUCTS COMPANY,
et al.,
Defendants.
ORDER
Before the Court is Defendants' Motion
for Adverse Inference Regarding Spoliated
Evidence, ECF No. 50. Defendants allege
that Grieco spoliated components of the
compressor involved in the incident. Id. at
2-4. The Court DENIES the motion.
"Spoliation is the destruction or
significant alteration of evidence, or the
failure to preserve property for another's use
as evidence in pending or reasonably
foreseeable litigation."
Graff v. Baja
Marine Corp., 310 F. App'x 298, 301(11th
Cir. 2009). "District courts are afforded
broad discretion in determining whether to
award spoliation sanctions."
In re
Delia/A irTran Baggage Fee Antitrust Litig.,
770 F. Supp. 2d 1299, 1305 (N.D. Ga.
2011); see also ECF No. 50 at 1. The party
seeking sanctions must prove "(1) the
missing evidence existed at one time; (2)
[opposing party] had a duty to preserve the
evidence; and (3) the evidence was crucial
to [opposing party] being able to prove [his]
case." Id.

The Defendants have proved these three
elements, but the Court concludes that
Grieco fulfilled his duty to preserve the
evidence. The accident in this case occurred
on July 22, 2010. ECF No. 50 at 3. Grieco
was taken to the hospital after the accident
and released from the burn center four days
later. Id. Grieco retrieved the compressor
on September 3, 2010. Id
Defendants contend that waiting a month
to retrieve the compressor constitutes
Yet in the very next
spoliation.
Id.
paragraph, the Defendants argue Grieco
retrieved the compressor in question "[n]ot
long after he was released from the
hospital." Id. Grieco made sufficiently
expeditious efforts to fulfill his duty to
preserve evidence. No sanctions against
Greico are warranted, so the Court DENIES
the motion.

This

day g.fpecember 2013.

A
B. AVANT EYENFIELDAUDGE
UNITED STATES DISJCT COURT
SOUTHERN DISTRICT OF GEORGIA