Effects of Evidence Spoliation on Forensic Engineering Analysis of Alleged Brake Servicing Defects

Abstract

A forensic case involved an allegation of defective minivan brake repairs. On a wet two-lane road, the minivan left the road while stopping, and impacted a telephone pole. The plaintiff driver’s complaints implied a dragging brake, and the plaintiff ’s expert reported a bent lower caliper bolt. This forensic investigation involved instrumented exemplar analysis of the effects on caliper drag that could be caused by a bent caliper bolt. The investigation methodology was chosen (in part) based on significant evidence spoliation on the part of the plaintiff ’s expert. This paper will also discuss the effects of the spoliation and resulting limitations on the scope of the analysis.