Prins v. Director of Revenue
333 S.W.3d 17
| Mo. Ct. App. | 2010Background
- MSHP Trooper Ben Comer stopped Prins on September 25, 2008 for a traffic violation; video cameras recorded stop, interactions, and arrest.
- Prins was arrested for driving while intoxicated and given a notice of suspension by the Director of Revenue.
- Prins sought a video copy in the trial de novo case; Comer claimed the MSHP video was purged from the system.
- Prins moved for sanctions alleging destruction of evidence in violation of MSHP preservation orders; the court found a duty to preserve and sanctioned the Director by excluding Comer's testimony.
- The trial court found possible intentional destruction but ultimately based the sanction on general duties to preserve; the court’s order is scrutinized on spoliation grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was spoliation doctrine misapplied? | Director contends exclusion was proper under spoliation. | Prins contends no applicable intent to destroy under Baldridge. | Spoliation doctrine misapplied; reversal remand. |
| If admitted, would evidence show probable cause and intoxication? | Video would support probable cause and intoxicated driving. | Prins contends video absence cannot prove intoxication or arrest basis. | Remand for new hearing on suspension and to allow rebuttal evidence. |
Key Cases Cited
- Baldridge v. Dir. of Revenue, 82 S.W.3d 212 (Mo.App. W.D. 2002) (spoliation requires intent to destroy to suppress truth)
- Baldridge v. Dir. of Revenue, 82 S.W.3d 212 (Mo.App. W.D. 2002) (intentional destruction with fraud/deceit/bad faith; negligence insufficient)
- DeGraffenreid v. R.L. Hannah Trucking Co., 80 S.W.3d 866 (Mo.App. W.D. 2002) (review of spoliation as a question of law)
- Mo. App. W.D. v. Bedell, 935 S.W.2d 94 (Mo.App. W.D. 1996) (Director not required to produce records not in its possession)
- Lazzari v. Dir. of Revenue, 851 S.W.2d 68 (Mo.App. E.D. 1993) (records not in Director's possession are not available)
- Moore v. Gen. Motors Corp., 558 S.W.2d 720 (Mo.App. 1977) (spoliation standards source for intent)
- Schneider v. G. Guilliams, Inc., 976 S.W.2d 522 (Mo.App. E.D. 1998) (destruction by a third party requires party-directed or encouraged action)
- Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003) (balancing considerations in spoliation and preservation)