[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/georgia-court-sanctions-transportation-company-for-destroying-bus-video-in-wrongful-death-case\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/georgia-court-sanctions-transportation-company-for-destroying-bus-video-in-wrongful-death-case\/","headline":"Georgia Court Sanctions Transportation Company for Destroying Bus Video in Wrongful Death Case","name":"Georgia Court Sanctions Transportation Company for Destroying Bus Video in Wrongful Death Case","description":"Butler Kahn recently obtained an order imposing sanctions on a transportation company for failing to preserve critical evidence in a wrongful death car accident case. Accident Facts \ufeff\ufeff &nbsp; This tragic case involved a non-emergency medical transport bus. Our client was being transported to a routine dialysis appointment. He was seated inside the bus when&hellip; <a class=\"more-link\" href=\"https:\/\/butlerfirm.com\/blog\/georgia-court-sanctions-transportation-company-for-destroying-bus-video-in-wrongful-death-case\/\">Continue reading <span class=\"screen-reader-text\">Georgia Court Sanctions Transportation Company for Destroying Bus Video in Wrongful Death Case<\/span><\/a>","datePublished":"2025-12-23","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2025\/12\/sanctions.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2025\/12\/sanctions.jpg","height":480,"width":640},"url":"https:\/\/butlerfirm.com\/blog\/georgia-court-sanctions-transportation-company-for-destroying-bus-video-in-wrongful-death-case\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=1gB2lPgOjNA#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=1gB2lPgOjNA","name":"Court Punishes Defendant for Destroying Evidence","description":"For a free consultation or case review, call 678-940-1444 or visit ButlerFirm.com.\n\n--------------------\n\nA Georgia court just granted sanctions for spoliation of evidence, and it completely changed the trajectory of this wrongful death case.\n\nAttorneys Matt Kahn and Brittany Partridge explain how a defendant\u2019s failure to preserve critical video footage led the court to instruct the jury that the missing evidence can be presumed harmful to the defense and helpful to the family we represent.\n\nThis case involves a tragic death during non-emergency medical transport, where the most important camera footage was never saved. Because of that failure, the defense now faces serious consequences, and the case will be heard by a jury.\n\nEvidence matters. Preserving it matters even more.\n\nIf you lost a loved one and believe critical evidence was destroyed or ignored, you may still have legal options.\n\n\u2757DISCLAIMER\u2757\n\nWe are not your lawyer. All content provided is for informational purposes only and not for the purpose of providing legal advice. Any verdicts, settlements or other case results discussed are not guaranteed and must be evaluated on their own merits.\n\nButler Kahn: https:\/\/butlerfirm.com\/\n\nAtlanta, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Y3fCFkRVAn7jzGD16\n\nLawrenceville, Georgia location:\nhttps:\/\/maps.app.goo.gl\/PaShwcicz5DQDFsD6\n\nRoswell, Georgia location:\nhttps:\/\/maps.app.goo.gl\/uTVtgfq3RspJ5QQbA\n\nJonesboro, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Jr2umQB8o32QaaRK6\n\nFREE GUIDES\nWhat To Do After a Car Accident: https:\/\/butlerfirm.com\/georgia-car-accident-lawyers\/what-to-do-after-an-accident\/\nShould I Hire an Accident Lawyer: https:\/\/butlerfirm.com\/atlanta-car-accident-lawyers\/when-needed\/\nGeorgia Wrongful Death Statute Explained: https:\/\/butlerfirm.com\/blog\/georgia-wrongful-death-statute-explained\/\n\nJOIN US ON SOCIAL MEDIA\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\nTwitter: https:\/\/twitter.com\/Butler_Firm\nInstagram: https:\/\/www.instagram.com\/butler_law_firm\/\nLinkedIn: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGoogle: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/1gB2lPgOjNA\/default.jpg","https:\/\/i.ytimg.com\/vi\/1gB2lPgOjNA\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/1gB2lPgOjNA\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/1gB2lPgOjNA\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/1gB2lPgOjNA\/maxresdefault.jpg"],"uploadDate":"2025-12-22T21:51:19+00:00","duration":"PT1M29S","embedUrl":"https:\/\/www.youtube.com\/embed\/1gB2lPgOjNA","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases.  We are based in Atlanta, Georgia.  We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK.  We do the work that lots of law firms skip.  We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing.  We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE.  If you hire us, you get us.  You won't get blocked by a receptionist or leave unreturned messages.  If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO.  Some law firms make big promises at the beginning, then don\u2019t follow through.  We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it.  No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=1gB2lPgOjNA#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=1gB2lPgOjNA#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=1gB2lPgOjNA&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=1gB2lPgOjNA#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":1822}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=1gB2lPgOjNA#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":26}]},"about":["Wrongful Death"],"wordCount":515,"articleBody":"Butler Kahn recently obtained an order imposing sanctions on a transportation company for failing to preserve critical evidence in a wrongful death car accident case.Accident Facts\ufeff\ufeff&nbsp;This tragic case involved a non-emergency medical transport bus. Our client was being transported to a routine dialysis appointment. He was seated inside the bus when the driver made a turn. During that turn, our client fell from his seat. The fall dislodged his hemodialysis catheter, causing internal and external bleeding that ultimately led to his death.The bus had two surveillance cameras \u2013 one facing inward and one facing the roadway \u2013 and both were operating during the trip. Despite this, the transportation company saved only a short 15-minute video clip recorded after the bus reached the dialysis center. The most important footage \u2013 i.e., the footage showing the boarding process, whether the driver properly restrained our client, how the driver was operating the vehicle, and how the fall occurred \u2013 was never preserved.Early in the case, Butler Kahn sent a preservation letter explicitly requesting all video footage from the bus. Even with that clear request, the company failed to preserve the footage that mattered most.Motion for SanctionsOnce we learned that the transportation company failed to save key video evidence, we filed a motion for sanctions based on spoliation of evidence. The motion explained that the lost video would have shown critical facts: whether the driver secured our client\u2019s seatbelt, whether the driver was distracted while driving, and exactly how the fall occurred inside the bus.The transportation company argued that sanctions were unnecessary because the missing video was \u201cnot essential\u201d and that other evidence \u2013 such as the driver\u2019s testimony and phone records \u2013 was sufficient. The company also claimed that the video system never recorded the incident because no \u201ctriggering event\u201d occurred, and that the continuous recording simply overwrote itself before anyone requested it. They insisted they acted in good faith and preserved what they believed was important.Court\u2019s RulingThe Court rejected the company\u2019s arguments and ruled that the company had a clear legal duty to preserve the video footage. The judge found that the cameras were operating, the video existed, and the company knew very early that litigation was likely. Despite that, the company failed to save the critical portions of the video \u2013 especially the footage showing how our client fell and whether he was properly secured. The Court also recognized that the missing footage was extremely important and that its loss severely harmed the plaintiff\u2019s ability to prove what happened inside the bus.Because the company offered no reasonable explanation for why it saved only irrelevant video clips, the Court found that spoliation occurred and that sanctions were required. The Court imposed an adverse inference instruction, meaning the jury will be told that the transportation company had a duty to preserve the video, failed to do so, and that the jury may presume the missing footage would have supported the plaintiff\u2019s case and harmed the defense.A copy of the Court\u2019s Order is available online here."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Georgia Court Sanctions Transportation Company for Destroying Bus Video in Wrongful Death Case","item":"https:\/\/butlerfirm.com\/blog\/georgia-court-sanctions-transportation-company-for-destroying-bus-video-in-wrongful-death-case\/#breadcrumbitem"}]}]