Lawsuit by Attorneys O’Malley and Lott Alleges Destruction of Evidence by Continental Casualty Company

By a News Reporter-Staff News Editor at Insurance Weekly News -- In a multi-million dollar lawsuit pending against major insurance carrier Continental Casualty Company ("CNA"), attorneys John O'Malley of Pacific Trial Attorneys and Ward Lott are seeking significant court orders for CNA's alleged destruction of evidence and failure to preserve same, including CNA's alleged destruction of the electronic files and various handwritten notes of Plaintiff John Hagerott. Plaintiff Hagerott sued CNA and his former manager, Stephen Marohn, in November 2015 claiming the company: discriminated against him after his second heart surgery in December 2013, wrongfully terminated him in January 2015 on age and/or disability grounds, and failed to pay Hagerott bonuses due to him, plus other unlawful conduct. This is the third lawsuit filed against CNA in recent years in California for age and/or disability discrimination.

When lawyers O'Malley and Lott sought to review Plaintiff's electronic files in the case, they assert CNA repeatedly delayed and avoided the issue. When pressed, CNA later admitted it had purged Plaintiff's electronic files generally, including his calendar, his e-mail inbox and outbox, and other computer and handwritten files. In addition to CNA's alleged destruction of key files and evidence of Plaintiff, O'Malley and Lott assert CNA failed to preserve properly the evidence and files of all other CNA witnesses, including failing to collect e-mail evidence from company witnesses until about 18 months after Plaintiff left CNA's employment. By that time, other key records had allegedly been destroyed and the existing records represented only a "snapshot in time" of whatever then still remained in the company's files. A hearing on the motion is set for August 21, 2017 in Orange County Superior Court.

As to CNA's alleged evidence destruction, Mr. O'Malley noted, "This is an egregious example of destruction and loss of evidence that has unduly prejudiced Plaintiff's case and has provided an improper and unfair advantage to CNA. Severe orders are warranted, and we have requested them from the Court." As to the orders sought, Mr. Lott stated, "The interests of justice clearly warrant substantial relief here. What CNA did is highly improper and should not be tolerated." The motion filed by Plaintiff's lawyers seeks orders striking the Answers of CNA and Marohn, exclusion of all evidence by them at trial, issue sanctions, jury instructions on CNA's alleged evidence destruction, and/or other relief. The case is presently set for trial in October 2017.

John O'Malley has practiced law since 1989, and presently specializes in business and employment litigation. He has successfully handled cases yielding recoveries of in excess of $200 million for his clients. Ward Lott has practiced law for over fifteen years with a present specialty in employment litigation and a track record of abundant success on behalf of his clients. Defendants CNA and Marohn are represented by Camille Olson, Richard Lapp, and Scott Atkinson of Seyfarth Shaw LLP.

Keywords for this news article include: Legal Issues, Insurance Companies, Pacific Trial Attorneys.

Our reports deliver fact-based news of research and discoveries from around the world. Copyright 2017, NewsRx LLC