Weidler v. Spring Swings Inc.
Weidler v. Spring Swings Inc.
Opinion of the Court
MEMORANDUM
Weidler appeals the district court’s application of its inherent power to exclude Weidler’s evidence that the design of the hand-held trolley device was defective. Weidler also appeals the district court’s grant of summary judgment to defendants, Spring Swings, Inc. and Loos & Company. We have jurisdiction based on the final
It is undisputed that during Weidler’s tests evidence was destroyed without Spring Swings being able to examine, or conduct independent tests, on the materials. Under Unigard, mere “fault,” even in the absence of bad faith, can be a sufficient basis for the district court’s discretionary exercise of its inherent power.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. 28 U.S.C. § 1291.
. Unigard Sec. Ins. Co. v. Lakewood Eng'g & Mfg. Corp., 982 F.2d 363, 367 (9th Cir. 1992).
. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir. 2002).
. Unigard, 982 F.2d at 368 n. 2.
. Id. at 368 & n. 2.
. See id. at 369.
Reference
- Full Case Name
- John A WEIDLER, III, Plaintiff—Appellant v. SPRING SWINGS INC., Florida Corporation Loos & Company Inc, Connecticut Corporation, Defendants—Appellees
- Status
- Published