Court Rulings

(S.C.Ct.App. 3/15/04) 2004 WL 502288

Judgment entered for willful violation of TRO directing defendant to immediately turn over computer that belonged to plaintiff and believed to contain evidence of wrongful acts by defendant starting competing business. The trial court "determined that the information in the computer was in danger of being altered or destroyed before a hearing on the matter could be accomplished, and that irreparable harm would result if the TRO were not issued." The trial court granted the TRO ordering defendant "to immediately surrender the computer upon receipt of the order." Defendant waited seven days after service before complying and the "expert's examination revealed that the hard drive was reformatted a day before the computer had been turned over, effectively erasing any information the computer may have contained". The trial court found defendant "willfully destroyed evidence" relevant to Palmetto's case. Thereafter, while recognizing the severity of the sanction, the trial court struck Appellant's pleadings and entered a judgment of liability in favor of Palmetto. The Court of Appeals finding no abuse of discretion.