Edington v. Madison Coal & Supply Co., Inc., 2010 WL 2244078 (E.D. Ky. June 4, 2010)

Key Insight: Finding ?there [was] no evidence that the electronic data was ever created, much less?discarded?, court denied plaintiff?s motion for spoliation sanctions where defendant presented evidence that the relevant GPS system had to be activated in order to record data and that the system was not activated on the date of the accident, and where no regulation or law required the GPS be activated or recording

Nature of Case: Personal Injury

Electronic Data Involved: GPS data