Pegasus Aviation I, Inc., Appellants v. Varig Logistica S.A., Defendant, and MatlinPatterson Global…

Summary

The Court of Appeals reversed the Appellate Division, holding that the lower court erred in finding only simple negligence and in failing to consider relevance of the destroyed evidence; the case is remanded to the trial court to determine relevance of the negligently destroyed ESI and the appropriate sanction. Justice Stein dissented, arguing that the defendants were grossly negligent and that relevance should be presumed.