Court Reverses Order Denying Sanctions and Remands Case for Reconsideration Where Plaintiff Hired Expert to “Fix” Computer but Failed to Inform Expert of Ongoing Duty to Preserve and Evidence was Destroyed
Barnett v. Simmons, 197 P.3d 12, 2008 OK 100 (2008)
In this case, plaintiff Barnett sued defendant Rock Oil Company seeking unpaid oil royalties allegedly owed to him. Discovery in the case established that plaintiff maintained files on his computer related to his claims against Rock Oil. Accordingly, Rock Oil sought production of plaintiff’s hard drive. Plaintiff objected, but the parties attempted to reach agreement as to how to accomplish production. No agreement was reached. Rock Oil filed a motion to compel and the court granted the motion. Although the parties were then able to agree on a neutral examiner, the plaintiff dismissed his claims prior to the examination, but expressed his intent to re-file within three months.