A federal judge in Virginia said it’s up to a jury to decide whether poor weather conditions may have equally negated the alleged negligence of the drivers of a Ford van and a Western Express tractor-trailer involved in a multivehicle crash on Interstate 81.

In a separate order, the judge also granted the defendants’ motion for sanctions for the partial spoliation of cellphone evidence. As a remedy for the spoliation, the court will instruct the jury that it is permitted, although not required, to presume that lost cellphone evidence was unfavorable to one of the plaintiffs, the order said.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]