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
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.
However, although the object in question would make or break the city of Atlanta's attempt to reverse the sanctions, Presiding Judge Sara Doyle questioned why the panel should even care about the lid to begin with.
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