Kitchens v. BRUSMAN

Adams, Judge.

In this medical malpractice suit, the plaintiff contends the defendants spoliated evidence. The trial court disagreed, and it denied the plaintiffs motion for sanctions as a result of spoliation and granted the defendants’ motion to exclude evidence of spoliation. The trial court also granted the defendants’ motion to exclude two of the plaintiffs expert witnesses on the ground that their testimony regarding causation was too uncertain and speculative to be submitted to the jury. The issues are interrelated because the plaintiff seeks the benefit of an inference from spoliation…