Nally v. Volkswagen of America, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where an expert has intentionally or negligently damaged, destroyed or removed an item of physical evidence, that expert should be precluded from substituting his own description of the evidence
• in a civil case unfair prejudice results from the use of an expert opinion based on physical evidence that the expert subsequently destroyed
• where expert has removed evidence that may be material to litigation, expert should be precluded from testifying
• intentional removal of relevant part of automobile involved in accident
• power to exclude expert testimony and to exclude testimony that would unfairly prejudice an opposing party is within court’s discretion to make evidentiary rulings conducive to the conduct of a fair and orderly trial
• an expert’s testimony should be excluded if the expert changes, destroys, or loses an item of physical evidence “in such circumstances that the expert knows or reasonably should know that that item in its original form may be material to litigation.”

Source: CourtListener parenthetical corpus (CC0).