Sentry Select Insurance v. Treadwell

McFadden, Judge.

This is an appeal from an order striking the defendants’ answer for spoliation of evidence. There was spoliation. But the trial court’s findings as to spoliation of certain categories of evidence are not supported by the record. Accordingly, we reverse the order striking the answer and remand the case for the trial court to determine what, if any, sanctions are appropriate.

On the evening of December 9, 2006, Martin Treadwell, Jr., was towing a car behind his pickup truck as he drove on Interstate 16. His wife Essie Treadwell was a passenger in the pickup truck. Tony Martin,…