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Gamerdinger v. Schaefer12/22/1999
rial.
IV. Spoliation of Evidence
Plaintiffs also contend that error occurred when the court failed to include an instruction on spoliation of evidence which was requested by plaintiffs. Witnesses testified that security personnel of Deere were called to the accident scene and took photographs of the damage caused to the motorized cart driven by Sherri Gamerdinger. The parties argued at length over the severity of injuries arising from the accident. The photographs would have aided the jury in resolving this issue by showing the damage actually sustained by the cart. The damage caused by the forklift truck, whether slight or great, as revealed by the photographs, was relevant for the jury's assessment of Sherri Gamerdinger's injuries flowing from the accident and the award of damages for those injuries.
During the discovery proceedings, plaintiffs requested copies of all photographs of any vehicles involved in the accident. Defendants filed a response indicating that there were none.
We have established that the court is required to give a requested instruction when it states a correct rule of law having application to the facts of the case, and the concept is not otherwise embodied in other instructions. Stover v. Lakeland Square Owners Ass'n, 434 N.W.2d 866, 868 (Iowa 1989). In Quint- Cities Petroleum Co. v. Maas, 259 Iowa 122, 143 N.W.2d 345 (1966), we said:
It stands without argument that where relevant evidence is within the control of a party whose interest would naturally call for its production, and he fails to do so without satisfactory explanation, it may be inferred such evidence would be unfavorable to him. Quint, 259 Iowa at 127, 143 N.W.2d at 348; see also Raiche v. Standard Oil Co., 137 F.2d 446 (8th Cir. 1943).
In Holmquist v. Volkswagen of America, Inc., 261 N.W.2d 516 (Iowa App. 1977), the court of appeals addressed this principle in a products liability case. It was noted that the automobile dealer who tightened retention bolts on a vehicle after an accident, without authorization, effectively denied plaintiff an opportunity to examine the car regarding the specific defect alleged. The court remarked that "spoliation of evidence raises a presumption against the spoliator." Holmquist, 261 N.W.2d at 523.
The standard of review of a failure to give a requested instruction is based on errors of law. Stover, 434 N.W.2d at 868; see also State v. Ceaser, 585 N.W.2d 192, 193 (Iowa 1998); State v. Rains, 574 N.W.2d 904, 915 (Iowa 1998). In the instant case, the trial court erred in not giving the requested instruction based on defendants' failure to produce the photographs of the damaged motorized cart.
V. Disposition
On defendants' appeal, the questions raised are mooted by our decision on the cross-appeal. On plaintiffs' cross-appeal, we affirm the trial court's grant of a new trial.
Costs are assessed against defendants.
APPEAL MOOTED; DISTRICT COURT AFFIRMED.
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