Missing Evidence From a Motor Vehicle Accident Tells its Own Tale


When evidence in a wrongful death action against a negligent purveyor of alcohol goes missing, it bodes badly for the defendants. Georgia Courts view such tampering with evidence as an indication of guilt.

A 36-year old married Cobb County man was on his way home from work one October evening when he was hit by a vehicle operated by a man who had been drinking at an Austell sports bar and grill prior to the crash. He died from blunt force trauma.

The Defendant refused blood alcohol tests the night of the accident, but admitted during his testimony that he had ingested two Long Island iced teas and six, 16-ounce beers prior to driving. Witnesses also testified that they smelled alcohol on the defendant’s breath.

Injured DUI VictimThe Defendant driver faced DUI and vehicular homicide charges.

A civil suit was brought in the Cobb County State Court against the drunk driver and a dram shop liability case was filed on behalf of the decedent’s estate against defendant bar and grill. The defendant bar denied liability.

The surveillance tape from the evening in question revealed only a few seconds of tape showing the Defendant Driver entering and leaving the establishment. Based upon the fact that the Defendant Sports Grill had taped over much of the video from the evening in question, Plaintiff sought damages for spoliation of evidence.

In addition, plaintiff argued that the bar destroyed the liquor tabs for two other patrons who were drinking with the Defendant on the night in question. The bar’s list showing free drinks given out by bartenders were also inexplicably destroyed.

The Judge granted the motion for spoliation of evidence and struck the portions of defense pleadings that denied serving alcohol to Defendant Davis while he was in a state of noticeable intoxication knowing that he would soon be driving. This removed much or all of the Defendant’s argument for his own innocence.

settlement moneyUltimately, this case was settled in favor of the Decedent’s estate for $1,000,000.

In spite of the Sports Grill’s attempt to make evidence in this case disappear, the Court saw through the ruse. The wheels of justice in this case turned toward those who were injured by the negligence of others.

Seeking Professional Legal Advice After an Accident

All too often, innocent victims fear that their injuries cannot be pursued in court because the evidence doesn’t seem to be available. Before you settle a claim for injuries or death, seek advice from the legal professionals at Millar and Mixon. We have years of experience in seeing the evidence you may not. Call or email us today with the details of your case. Let us evaluate your case before you sign your rights away.