Judge Hope Cannon ruled against Skanska USA in a spoliation hearing concerned the cell phones the bridge contractor wiped clean. Read more on the issue here.
Aylstock Witkin partner Sam Geisler called the ruling “a win for justice and truth.”
“The court came forward with a really strongly-worded opinion that called out Skanska for its spoliation,” said Geisler. “In fact, said it’s a textbook case of spoliation. That’s just a fancy word for destroying evidence, which is what the court found here.”
He continued, “At this point, they’re being ordered to pay for the attorney’s fees and the costs of actually bringing this motion, developing the spoliation case. Then also there’s going to be what’s called ‘evidentiary presumptions’ that the evidence that was destroyed would have been favorable rather to the local businesses and municipalities, and really the workers of this community.”
“So yes, it was a positive ruling.”
Read ruling: 1265 – Skanska 2021-08-23 NDFL – Order on Claimants Spoliation Motion
