Spoliation of Evidence Doctrine

Listen to this article

WI Court of Appeals – District III

Case Name: Brianna Kopp, et al.,v. School District of Crivitz, et al.

Case No.: 2016AP945

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Spoliation of Evidence Doctrine

Brianna Kopp, Victoria Neuman, and Jennifer Kempka (collectively, the “Plaintiffs”) appeal an order dismissing their claims against the School District of Crivitz and its insurer (together, the “District”), Michael and Kam Dama (together, the “Damas”), and their daughter, Sophia Dama (collectively with the Damas and the District, the “Defendants”). The claims at issue arose out of the Plaintiffs’ use of a cell phone in a locker room prior to a high school basketball game to photograph and make a video recording involving Sophia. Based on the Defendants’ responses to this incident, the Plaintiffs asserted claims for breach of contract, breach of the duty of good faith and fair dealing, defamation, negligence, civil conspiracy, and intentional infliction of emotional distress, all of which the circuit court dismissed on summary judgment.

The Plaintiffs first assert the circuit court erred by dismissing Sophia as a party. We conclude the Plaintiffs’ appeal on this issue is untimely. Next, we conclude the court properly granted summary judgment to the Defendants on all of the Plaintiffs’ claims, as there are no genuine issues of material fact and the Defendants are entitled to judgment as a matter of law. Finally, the Plaintiffs assert their claims should survive based on the spoliation of evidence doctrine, because Kam Dama deleted an allegedly defamatory Facebook post and a police officer ordered the deletion of a cell phone video of the incident. We conclude the circuit court properly exercised its discretion in declining to apply the spoliation doctrine. Consequently, we affirm in all respects.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.