Wajda v. Kingsbury

OPINION

TOUSSAINT, Chief Judge. *

This action arose out of a collision between a police squad car and a tow truck. An issue at trial was whether the squad car’s siren had been activated. The jury returned a verdict for the tow truck operator, and the district court denied appellants’ motion for new trial. Appellants contend that the district court erroneously instructed the jury that it could make an adverse inference from appellants’ failure to produce a tape that might have corroborated evidence as to the siren because (1) no evidence that has been shown to exist has been destroyed; (2) there…