To: "SEAOC Newsletter" <seaint(--nospam--at)seaint.org>
Subject: Re: Statute of Limitations
From: Christopher Wright <chrisw(--nospam--at)skypoint.com>
Date: Fri, 17 Mar 00 15:37:17 -0600
>The key is to have a written policy and to follow that policy. If
>you do, then when something has been thrown out, a lawyer can't argue that
>you threw it out because you have something to hide.
The key is to prove you've acted reasonably. 'Company policy' is as much
a non-reason as anything I can think of. And a lawyer can argue anything
that the judge lets him argue. It's up to plaintiff's counsel to come up
with a case. If defense has nothing to rebut the opposing expert's
opinion, which is based on the fact of some sort of defect and subsequent
inference of the defendant's actions, the preponderance of evidence goes
to plaintiff. My guess would be that a jury isn't going to find the
company policy argument especially convincing.
I guess if you think you might have been careless, shred everything and
hope for the best. Otherwise, it seems like you'd do better with actual
evidence on your side.
Christopher Wright P.E. |"They couldn't hit an elephant from
chrisw(--nospam--at)skypoint.com | this distance" (last words of Gen.
___________________________| John Sedgwick, Spotsylvania 1864)