Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Crow v. Cosmo Specialty Fibers, Inc.

United States District Court, W.D. Washington, Tacoma

March 24, 2017

STEVEN CROW and CHERYL CROW, and CHERYL CROW on behalf of and as parent and guardian to J.M.C., J.J.C., and G.E.C., Plaintiffs,
v.
COSMO SPECIALTY FIBERS, INC.; TRANS-SYSTEM, INC. d/b/a JAMES J. WILLIAMS BULK SERVICE TRANSPORT; AIRGAS SPECIALTY PRODUCTS, INC.; JOHN DOE and JANE DOE; JOHN DOE TWO COMPANY, Defendants.

          ORDER ON DEFENDANTS TRANS-SYSTEM, INC. D/B/A JAMES J. WILLIAMS BULK SERVICE TRANSPORT'S MOTION FOR SPOLIATION SANCTIONS.

          ROBERT J. BRYAN United States District Judge.

         THIS MATTER comes before the Court on Defendants Trans-system, Inc. d/b/a James J. Williams Bulk Services Transport's (TSI-JJW's) Motion for Spoliation Sanctions. Dkt. 82. The Court has considered the motion, Defendant Cosmo Specialty Fibers, Inc.'s Response (Dkt. 87), Plaintiffs' Response (Dkt. 94), TSI-JJW's Reply (Dkt. 96), and the remainder of the file herein.

         TSI-JJW's motion presents the issue of whether Cosmo should be sanctioned for its failure to retain or produce an email. For the reasons discussed herein, sanctions are not warranted, and TSI-JJW's motion should be denied.

         BACKGROUND

         A. Underlying case.

         This case arises out of alleged injuries to Plaintiff Steven Crow from an exposure incident, where he was allegedly exposed to hazardous fumes or gas released on the afternoon of September 27, 2012. The precise timing of the incident is disputed by the parties. On that date, Mr. Crow and three fellow Weyerhauser coworkers worked at the Weyerhauser Truck Shop, which is adjacent to a pulp mill operated by Cosmo. According to Cosmo's records, a tanker truck operated by TSI-JJW entered the pulp mill at 12:10pm and departed at 1:46pm. The delivery log sheet of the tanker truck driver, Devin Godwin, indicates that he delivered aqua ammonia to Cosmo between 12:20pm and 1:20pm.

         After offloading the aqua ammonia, Mr. Godwin has testified, he vented remaining vapor pressure into the atmosphere. While venting, Mr. Godwin drove from the delivery site, which is 1, 100 feet from the exposure site, to a secluded location on Cosmo property, wherein he drove within 300 feet of the exposure site, a distance that arguably increased the risk of exposure from venting.

         At 3:17pm, Weyerhauser employee, Karen Temen, sent an email to Cosmo employees Donna Parsons and Jeffrey Hanoff. (Cosmo's disclosure of this email is at the center of TSI-JJW's motion.) The September 27, 2012, 3:17pm email from Ms. Temen stated the following:

Subject: let's meet again
It's been awhile [sic] and I'm receiving some complaints today from our employees. Not sure if the wind shifted or it's hot out or??
Can you all meet on October 8th [sic] time is flexible at this point depending on your schedules.

Dkt. 83-1 at 23.

         An internal Weyerhauser Investigation Report narrates that “[o]n Thursday 9/27/12 at ~1500hrs 4 WY [Weyerhauser] employees were exposed to unknown gas release from adjacent Cosmo pulp mill, ” and that “WY [Weyerhauser] liaison contacted the safety coordinator for the pulp mill at ~1515hrs.” Dkt. 83-1 at 7.

         B. Pre-filing communications and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.