Readers Choice Awards 2017
Readers Choice Awards 2019

Spoliation of Evidence Warrants Sanctions But Not Summary Judgment

Dudley Goar, Attorney at Law

Lawyers Weekly has reported that, in a products liability case brought in Massachusetts federal court by an insurance company on behalf of its insured against the manufacturer of a leaky water heater, a judge ruled that the disposal (“spoliation”) of the water heater before the manufacturer had an opportunity to test it did not call for summaryjudgment in favor of the manufacturer, but it did warrant sanctions. The case, Fireman’s Fund Insurance Company v. Bradford-White Corporation, demonstrates that a judge must take into account many factors in determining the appropriate sanction for spoliation, including aparty’s degree of blame fordisposing of the evidence (for example, whether the spoliation was intentional or accidental); the harm caused by the spoliation (for example, whether the other party can adequately replicatethe spoliated evidence);and the availability of sanctions that fall short of entering judgment against the spoliating party (for example, a curative jury instruction.)

Client Reviews

Dudley exceeded my expectations... and came prepared with pictures and information that resulted in us winning the case. I would recommend him to anyone looking for a professional and caring attorney.


I have no words to explain my gratitude for Mr Dudley. He is been my attorney for 3 years and did excellent work to help me out from "OUI" & family case. I would definitely recommend him. He was always there to guide me.


Attorney Goar defended me in a criminal case in which I had been falsely accused of a crime by my business competitors. He was successful in getting the criminal case dismissed and then represented me in a civil case against the people who had falsely accused me. Thanks to Attorney Goar I cleared...


Contact Us

Fill out the contact form or call us at (978) 369-1505
 to schedule your free consultation.
  • Experience.svg Obtaining Great Results for Over 25 Years
  • No-Fee.svg Free Consultation
  • Language.svg Flexible Fee Arrangements

Leave Us a Message