The Winston-Salem Journal reported on December 22, 2012 that the estate of a rider in a car has made a motion to amend its original complaint to include the employer of the driver.
The reason: the driver may have been using his cell phone to make business calls while driving.
At the same time of the purported call, it is alleged the driver failed to realize highway traffic was slowing to merge into one lane.
The amended complaint alleges that the driver's employer wiped all records of the driver's phone logs, including voicemail records, on the date of the accident. The employer stated that it destroyed the data to protect confidential information. The plaintiff's attorney stated the employer had the option of sending a remote "lock" in lieu of destroying the data.
In several of Sanders Law Firm cases, the firm has issued spoliation letters putting defendants and potential defendants on notice not to destroy or alter evidence that may be used in trial and during discovery. For instance, the firm has a case where the defendant driver may have been distracted by using a cell phone at the time of the accident. If the evidence is not preserved by the defendant after the spoliation notice letter, then the Court has the power to penalize the defendant in the case. In another case it was used to determine how much a driver had been served by a bar in a dram shop case.
This spoliation letter needs to be issued as early as possible in the case to gain maximum effect.
CALL SANDERS LAW FIRM, PLLC to discuss your injury case at 336-724-4707