Despite JetBlue’s negligence, and possibly gross negligence, in destroying a flight attendant’s handwritten report of an in-flight incident, a magistrate judge in the Eastern District of New York has found inadequate grounds to impose sanctions for the spoliation of evidence in a suit against the airline.

Magistrate Judge Cheryl L. Pollak in Whitney v. JetBlue, 07 CV 1397, declined to exclude JetBlue’s evidence based upon the spoliation claim of passenger Denise Whitney because she had failed to demonstrate that she had been prejudiced by the destruction of the document.

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