Why We On The Defense Side Like Removal Jurisdiction

    The latest California Verdict Search (reports available in paper version only) reports a defense verdict in the United States District Court for the Southern District of California (that's San Diego) in a case called Wawanesa General Insurance Company v. Applica Consumer Products, Inc.  The case is not one of great consequence -- a fire subrogation case involving a Black & Decker toaster, with about $266,000 at stake. 

    But the interesting thing is the report that

the court found that the fire experts retained by Wawanesa committed a spoliation of evidence by failing to retain other potential causes of the fire (the stove and appliances) for inspection by Applica and causing further damage to the Applica toaster oven by shipping the oven via UPS prior to allowing a joint inspection.  The jury was instructed that this destroyed evidence would have been favorable to Applica.

        This is the kind of sanction we are much, much more likely to see in Federal Court than in California state court.  You can see the defendant's two briefs on the spoliation issue here and here.  The proposed jury instruction (which the court evidently gave) is here.  You may not be surprised to learn that the jury deliberated 22 minutes before returning its defense verdict.  Maybe it was a long walk to the jury room.

Comments

[convection toaster oven]

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