Opinion
NO. 2017 CW 0544
08-22-2017
KEVIN S. DARGIN v. NATIONAL TRUST INSURANCE COMPANY, RB ELECTRIC COMPANY, INC. AND RONALD J. VICKNAIR
In Re: Ronald J. Vicknair, RB Electric Company, Inc. and National Trust Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 644833. BEFORE: WHIPPLE, C.J. McDONALD AND CHUTZ, JJ.
WRIT GRANTED IN PART, DENIED IN PART. A trial court has the authority to impose sanctions on a party for spoliation of evidence and other discovery misconduct under both its inherent power to manage its own affairs and the discovery articles provided under La. Code Civ. P. art. 1471. Carter v. Hi Nabor Super Mkt., LLC, 2013-0529 (La. App. 1st Cir. 12/30/14), 168 So.3d 698, 704, review denied, 2015-0190 (La. 4/17/15), 168 So. 3d 399. However, in this case, there was no order issued by the district court in effect which the defendants/relators failed to abide by warranting sanctions provided under La. Code Civ. P. art. 1471, which includes an adverse presumption. See Bancorp South Bank v. Kleinpeter Trace, LLC, 0213-1396 (La. App. 1st Cir. 10/1/14), 155 So.3d 614, 631. Furthermore, no party has asserted that defendants/relators intentionally destroyed any evidence which is necessary for a claim of spoliation. See Barthel v. State, Dep't of Transp. and Dev., 2004-1619 (La. App. 1st Cir. 6/10/05), 917 So.2d 15. Therefore we find that the trial court abused its discretion in granting plaintiff's, Kevin S. Dargin's, motion for an adverse inference jury instruction. We grant the writ in part insofar as we reverse the trial court's May 8, 2017 ruling granting the motion for an adverse inference jury instruction, and deny same. In all other respects, the writ is denied.
JMM
WRC
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT