Legal Opinion

David Chappell and Lisa Chappell v. SRT Express, Inc. and Omar Cunningham

District Court, D. South Dakota

Decided May 20, 2026No. 5:24-cv-05068Unknown

1Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION DAVID CHAPPELL AND LISA 5:24-CV-05068-ECS CHAPPELL, Plaintiffs, ORDER AWARDING SANCTIONS FOR SPOLIATION OF EVIDENCE vs. SRT EXPRESS, INC. AND OMAR CUNNINGHAM, Defendants. In this vehicle accident case, David and Lisa Chappell (“Chappells”) move for sanctions against the truck owner, SRT Express, Inc. (“SRT”) for spoliation of electronically stored information (“ESI”) under Federal Rule of Civil Procedure 37(e).1 The truck driver, Omar Cunningham, has been defaulted already,2 but SRT filed opposition to the spoliation…

2Cases cited4 opinions

  1. Thompson v. NixCourt of Appeals for the Eighth Circuit · 1990
  2. Hiawatha Nash v. Lee Roy Black, David Blackwell, Dale Riley, Gerald T. Frey, Donna Kay Brown and Mike CurranCourt of Appeals for the Eighth Circuit · 1986
  3. Chrysler Corporation v. John J. Carey Joseph P. Danis Carey & Danis, L.L.C.Court of Appeals for the Eighth Circuit · 1999
  4. S.D. Wheat Growers Ass'n v. Chief Indus., Inc.United States District Court · 2018

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