· 3/6/2006
Aloi v. Union Pacific Railroad Corp.
Citations
- 129 P.3d 999
- 2006 Colo. LEXIS 183
- 2006 WL 522449
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when a defendant had notice of an impending lawsuit but failed to preserve documents relevant to the litigation, this was sufficient for a finding of willfulness justifying an adverse inference
- “A trial court has broad discretion to permit the jury to draw an adverse inference from the loss or destruction of evidence.”
- when a defendant had notice of an impending lawsuit but failed to preserve documents relevant to the litigation, this was sufficient for a finding of willfulness justifying an adverse inference
- a permissive instruction, “you may infer . . . that the evidence contained in such documents was unfavorable,” was 32 proper when a district court found the defendant acted willfully
- “[A] trial court has wide discretion to provid e an adverse inference instruction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rice
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.