PURITAN INS. CO. v. SUPERIOR COURT

Docket No. 24780.

171 Cal.App.3d 877 (1985)

217 Cal. Rptr. 602

PURITAN INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF YOLO COUNTY, Respondent; TRI-C MACHINE CORPORATION, Real Party in Interest.

Court of Appeals of California, Third District.

August 29, 1985.


Attorney(s) appearing for the Case

COUNSEL

Cummins & White, Larry M. Arnold, Rick L. Raynsford and Moira Kristof Hummer for Petitioner.

No appearance for Respondent.

Shepard & Haven, Kenneth B. Shepard and John Studarus for Real Party in Interest.


OPINION

SIMS, J.

In this case we consider what discovery sanctions are appropriate where a party's expert inadvertently loses an object of real evidence crucial to the litigation before an opposing party has had a chance to inspect or test the object. We conclude the party whose expert lost the object is properly precluded from introducing at trial expert testimony based on an examination of the lost object. However, authentic photographs...

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