Nathan Deal Judicial Center in Atlanta, GA. Photo: Mike Glatzer Judge Questions Import of Lost Evidence in Severe Spoliations Sanctions Appeal
"I was a little more concerned about the pictures because to me if you'd had any of the pictures that the city of Atlanta employees went out and took … showing the water meter lid, you could have had some demonstration of what it looked like irrespective of whether there's a possibility somebody some work or changed it on a day that we can't prove. Yet that's all gone," said Presiding Judge Sarah Doyle.
April 29, 2024 at 04:11 PM
5 minute read
Civil Appeals
What You Need to Know
- A man sued the city of Atlanta after his left quadricep tendon was destroyed from a fall into a water meter pit.
- The trial court rendered a $2.4 million judgment in favor of the plaintiffs and issued severe spoliation sanctions against the city for allegedly losing the lid to the pit.
- Now, the city appeals, arguing it's reasonably certain it has the lid from the accident, while the plaintiff contests the trial court's denial of attorney fees.
A water meter lid was at the center of a nearly $2.4 million judgment before the Court of Appeals on April 24, in a challenge to severe spoliation sanctions for losing evidence and a plea to reinstate nearly a million dollars in attorney fees.
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