WALTMAN v. COSCO, INC.

Filing 196

ORDER THAT DEFENDANTS MOTION FOR SANCTIONS DUE TO SPOLIATION IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/18/2011. 7/18/2011 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE PENNSYLVANIA TRUST
COMPANY, Guardian of the Estate
of Ethan Waltman, a Minor,
Plaintiff,
v.
DOREL JUVENILE GROUP, INC.,
Defendant.

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CIVIL ACTION

No. 07-4029

ORDER

AND NOW, this 18th day of July, 2011, upon consideration of Defendant’s Motion for
Sanctions Due to Spoliation, Plaintiff’s Response thereto, the parties supplemental briefing thereon,
following oral argument with counsel for the parties on June 27, 2011, and for the reasons stated in
this Court’s Memorandum dated July 18, 2011, it is hereby ORDERED that the Motion (Document
No. 150) is GRANTED in part and DENIED in part, as follows:
1.

Defendant’s Motion is GRANTED insofar as the Court shall impose the following
spoliation sanctions:
a.

Benjamin Waltman and Kimberly Waltman shall not offer any testimony
identifying the Grand Explorer booster seat as being used by Ethan Waltman
on March 4, 2006.

b.

The Court will instruct the jury that it may draw an adverse inference from
Plaintiff’s destruction of evidence with respect to the issues of product
identification and seatbelt tension.

2.

Defendant’s Motion is DENIED insofar as the Court declines to instruct the jury to
find a specific seatbelt tension at the time of the crash.

BY THE COURT:

Berle M. Schiller, J.