ASHTON v. KNIGHT TRANSP., INC.

Civil Action No. 3:09-CV-0759-B.

772 F.Supp.2d 772 (2011)

Kelly L. ASHTON, Individually and as the Independent Executor of the Estate of Donald Ray Ashton, Deceased, Plaintiff, v. KNIGHT TRANSPORTATION, INC. and George M. Muthee, Defendants.

United States District Court, N.D. Texas, Dallas Division.

February 22, 2011.


Attorney(s) appearing for the Case

Michael F. Pezzulli , Christopher L. Barnes , Jack B. Krona , Pezzulli Kinser LLP, Dallas, TX, for Plaintiff.

Michael P. Sharp , Daniel M. Karp , P. Wes Black , Rebecca E. Bell , Fee Smith Sharp & Vitullo LLP, Dallas, TX, for Defendants.


MEMORANDUM OPINION AND ORDER

JANE J. BOYLE, District Judge.

Before the Court is Plaintiff Kelly Ashton's Motion for Sanctions for Spoliation or for an Adverse-Inference Jury Instruction ("Motion for Sanctions") (doc. 98), filed September 23, 2010. At issue is whether the Defendants destroyed or otherwise altered evidence they had a duty to preserve, and if so, the appropriate sanction for such conduct. For the reasons stated below, the Court

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