Date: 2006-04-10 Docket: CI 99.02.00265. Mykle J. |Link

"The plaintiff knew from the pleadings that the computer hardware and network operating system were relevant to this action. In fact, the plaintiff was specifically asked, and undertook, to preserve the hardware in the state that it was at the time of the discovery, for the purpose of inspection." (para 26) "The destruction of the hardware required a willful act on the part of the plaintiff, and was a clear breach of the undertaking not to do this until advised as to whether it would be inspected. At the very least, it shows a careless disregard for the undertakings given." (para 27)