Appeals Court Calls a Let in Personal Injury Case

Dec 19, 2008

A state appeals court has reversed in part a trial court’s decision to strike the answer of a tennis complex, which had destroyed evidence after it had been named in a personal injury lawsuit.   In modifying the order, the appeals court found that “an adverse inference charge” was a more appropriate sanction against the defendants.   The plaintiff, Wilfried Koehler, sought damages for injuries he allegedly sustained when his foot became entangled in a net while playing tennis at
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