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Farrell v. Connetti Trailer Sales Inc.3/17/1999
so noted that on at least four or five occasions, Fleetwood requested an opportunity to inspect and repair the vehicle while the Farrells still owned it, but they denied those requests. The Farrells appeal from this judgment and the accompanying dismissal of their complaint.
The Farrells argue that the trial Justice erred in excluding all evidence of the motor home's condition. First, they contend that because this Court had not yet adopted the doctrine of spoliation when they surrendered the motor home to the bank, the trial Justice unfairly and unjustly applied the doctrine retroactively to this case. Second, they assert that the spoliation doctrine is inapplicable because Fleetwood clearly was aware of the motor home's condition through various conversations Mr. Farrell had with Fleetwood representatives. Therefore, the Farrells assert, defendants were not prejudiced merely because they were unable to inspect the motor home. Third, the Farrells complain that the evidence-preclusion remedy was unduly harsh. They argue that the trial Justice should have allowed them to introduce evidence regarding the vehicle's condition and simply instructed the jury that the unavailability of this tangible evidence via the Farrells' actions raised an inference unfavorable to their position.
In response, defendants first point out that the Farrells traveled and lived in the motor home for over three years before turning it over to their financing company, and then sought damages for the full value of the motor home, as well as incidental expenses. The defendants aver that the loss of the vehicle irremediably prejudiced their ability to defend in this case. They note that Fleetwood repeatedly asked the Farrells to bring the motor home to its regional service center or to Connetti, and even offered to pick up the vehicle in Rhode Island and transport it to Pennsylvania and back. The Farrells' refusal to comply with those requests, defendants argue, and their subsequent failure to preserve the vehicle as evidence, completely undercut defendants' ability to present evidence to rebut the Farrells' claims. Moreover, according to defendants, the Farrells knew when they surrendered the vehicle that they were planning to file a lawsuit, and in fact had threatened several times previously to do so. The defendants also assert that the trial Justice did not apply the doctrine of spoliation retroactively in this case. Although this Court first discussed the spoliation doctrine by name in Rhode Island Hospital Trust National Bank v. Eastern General Contractors, Inc., 674 A.2d 1227 (R.I. 1996), the doctrine, they maintain, is one that long predates the Eastern General decision. Finally, defendants point out that, pursuant to G.L. 1956 ยง 6A-2-515, they had the right to inspect or test goods, the quality of which is in dispute -- a right which the Farrells violated when they rebuffed defendants' requests to do so and instead allowed the bank to repossess the motor home.
Standard of Review
It is clearly established that "the admissibility of evidence is within the sound discretion of the trial Justice." Bourdon's, Inc. v. Ecin Industries, Inc., 704 A.2d 747, 758 (R.I. 1997) (quoting Soares v. Nationwide Mutual Fire Insurance Co., 692 A.2d 701, 701-02 (R.I. 1997) (mem.)). " his Court will not interfere with the trial Justice's decision unless a clear abuse of that discretion is apparent." Id.
Analysis
In Eastern General, this Court addressed the doctrine of spoliation. There, the plaintiff bank moved to exclude any evidence regarding its possible recording of a telephone conversation with a representative of the defendant. Although the bank routinely recorded all conversatio
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