Eleventh Circuit Orders Dismissal as Sanctions for Spoliation of Evidence

Today, in Flury v. Daimler Chrysler Corporation, --- F.3d ----, 2005 WL 2438380 (11th Cir. Oct. 5, 2005), the Eleventh Circuit held that a plaintiff suing for injuries sustained as the result of an airbag failure is liable for spoliation sanctions on the basis of his destruction of evidence consisting of his wrecked vehicle. After concluding that the destroyed evidence was critical to the defense, the court, invoking the inherent power of the federal courts, concluded that a sanction in the form of a judgment for the defendant was appropriate:

“Plaintiff's spoliation of critical evidence in this case deprived the opposing party of an opportunity to put on a complete defense. Defendant's attempt to ascertain the vehicle's location for inspection was inexplicably ignored, and as a result, defendant was unable to examine the vehicle's condition. We cannot imagine a case in which the evidence destroyed would prove more critical. The resulting prejudice to defendant is incurable by any sanction other than dismissal. As such, we reverse the district court's decision regarding spoliation, and vacate the court's order with instructions to enter judgment for the defendant.”