A federal judge in Virginia said it’s up to a jury to decide whether poor weather conditions may have equally negated the alleged negligence of the drivers of a Ford van and a Western Express tractor-trailer involved in a multivehicle crash on Interstate 81.
In a separate order, the judge also granted the defendants’ motion for sanctions for the partial spoliation of cellphone evidence. As a remedy for the spoliation, the court will instruct the jury that it is permitted, although not required, to presume that lost cellphone evidence was unfavorable to one of the plaintiffs, the order said.
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