Assume a New York Police Department (NYPD) vehicle collides with another car, mounts a curb and strikes five pedestrians who sue New York City for their injuries. Assume further that the city defends by interposing the defense of the “emergency doctrine,” claiming that the NYPD vehicle was an authorized emergency vehicle engaged in an emergency operation at the time of the accident. Such a defense would render the city liable only if the NYPD driver acted with “reckless disregard for the safety of others.” Later, however, the plaintiffs find out that audiotapes and “radio run audio recordings” containing relevant information related to the alleged police emergency were not retained because such tapes are routinely maintained only for 180 days and then deleted.
Can the plaintiffs invoke “spoliation” sanctions for the automatic destruction of a recorded radio run that could have either confirmed or called into question the city’s “emergency operation” defense under Vehicle and Traffic Law §114-b, 1103 and 1104? If the answer is “yes,” what legal standard of spoliation should the court apply to a destroyed audiotape of a radio communication?
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
