Crash data retrieved from the van’s Powertrain Control Module, when analyzed with scene scan data and evidence, refuted Plaintiﬀ’s sworn testimony regarding her actions leading up to the crash and led to the court granting Defendant’s Motion for Summary Judgement and dismissing Plaintiﬀ’s Complaint.
Plaintiﬀ was driving a rental truck, built on a van chassis, when she failed to negotiate a curve in the roadway and struck a house located along the outside of the curve. Plaintiﬀ alleged that the van’s steering and brakes failed, causing her to collide with the house and sustain various personal injuries. Plaintiﬀ further alleged that the post-crash condition of the van had been subsequently altered such that her experts were prevented from collecting the evidence necessary to pursue her claims of steering and brake failure.
Scope of Work
ESi was retained to inspect the subject van, to review the crash data retrieved from the subject van, and to review the opinions submitted by Plaintiﬀ’s experts.
After inspecting the subject van, reviewing the crash data stored in the Powertrain Control Module (PCM) and reviewing the opinions and qualiﬁcations of Plaintiﬀ’s experts, ESi’s consultants submitted sworn aﬃdavits to the court testifying:
The court granted Defendant’s Motion for Summary Judgment and dismissed Plaintiﬀ’s Complaint. The court denied Plaintiﬀ’s Motion for Sanctions that she demanded for alleged spoliation.
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