Ansa Assuncao Wins Motion to Dismiss in Rhode Island Federal Court Based on Plaintiff’s Failure to Preserve Evidence

On May 29, 2018, the United States District Court for the District of Rhode Island granted Ansa Assuncao’s motion to dismiss a product liability lawsuit filed by Amica Mutual Insurance Company against BrassCraft Manufacturing Company related to a 2015 accident.

The dismissal was based on Amica’s failure to preserve the BrassCraft product allegedly involved in the accident at issue.  The “extreme” sanction of dismissal had never been granted on such facts by a District or Appeals Court in the First Circuit.  Here, the Court found that Amica, a sophisticated party, was reckless in losing the central evidence of the case, its subsequent behavior was less than forthright, and that the prejudice to BrassCraft was so severe that dismissal was warranted.

James Coons of Ansa Assuncao’s East Brunswick, New Jersey office was lead counsel for BrassCraft and argued the motion.  David Gonzalez, also of East Brunswick, assisted in writing the briefs and supporting papers.

The decision can be found here.