Weidler v. Spring Swings Inc.
Docket: No. 01-35506; D.C. No. CV-99-01199-HA
Court: Court of Appeals for the Ninth Circuit; January 7, 2003; Federal Appellate Court
Weidler appeals the district court's decision to exclude evidence regarding alleged defects in the design of a hand-held trolley device and the grant of summary judgment in favor of defendants Spring Swings, Inc. and Loos Company. The court has jurisdiction based on the final judgment, and the standard of review for the exclusion of evidence is for abuse of discretion, while the summary judgment is reviewed de novo. The court noted that during Weidler's testing, key evidence was destroyed, preventing Spring Swings from examining or conducting independent tests on the materials. Under the precedent set in Unigard, the mere fault, even without bad faith, can justify the exclusion of evidence if it hinders the defense's ability to respond adequately. The destruction and subsequent disappearance of critical evidence, such as a frayed cable and mixed-up clamps, compromised the ability to determine the accident's cause reliably. Various potential factors—including design or manufacturing defects, installation errors, modifications by the plaintiff, and unclear instructions—remain plausible but unproven. Consequently, the court concluded that the destruction of evidence rendered the plaintiff unable to establish a prima facie case. The decision to affirm the district court's ruling is noted, and the disposition is deemed not suitable for publication and restricted from citation in this circuit, as per Ninth Circuit Rule 36-3.