Repository Collection 03
Vodusek v. Bayliner Marine Corp.
CASE ENTRY
Last Revised • July 9, 2026
This Source Verification Page documents the United States Court of Appeals for the Fourth Circuit's decision in Vodusek v. Bayliner Marine Corp., cited in Claim I of the Supplemental Motion. The opinion addresses the evidentiary principle that a factfinder may draw an adverse inference when relevant evidence is lost, destroyed, or improperly preserved by a party responsible for maintaining that evidence.
Related SMAR Citation
“[Vodusek v. Bayliner Marine Corp. (4th Cir. 1995)]”
“[Vodusek at 156]”
Case Name
Vodusek v. Bayliner Marine Corp.
Date
December 06, 1995
Verification Source
Vodusek v. Bayliner Marine Corp., 71 F.3d 148 (4th Cir. 1995)
Source Location
United States Court of Appeals for the Fourth Circuit
Highlighted Pages
7 - 8
Referenced in the Supplemental Motion
Page 46, Paragraph: 95
✔ Original Court Order obtained and reviewed.
✔ Relevant passages highlighted.
✔ Publicly available source
✔ Included within the Source Verification Archive
May's reliance upon Vodusek v. Bayliner Marine Corp., 71 F.3d 148 (4th Cir. 1995), for the
evidentiary principle that an adverse inference may be drawn against a party that loses, destroys,
or fails to preserve relevant evidence. Vodusek is cited to establish that a factfinder may infer
missing evidence would have been unfavorable to the responsible party when that party knew the
evidence was relevant to litigation and its willful conduct resulted in the loss or destruction of the
evidence. May relies upon this authority to support his claim that documented evidence-management failures, missing evidence, preservation deficiencies, and chain-of-custody concerns
involving APD and BCSD warrant an adverse inference regarding the integrity and evidentiary
value of physical evidence associated with his case.
Source Status
Cited to Support
Supporting Documents
Original Article
Link to the original article.
Highlighted Research Copy
Working research copy containing the highlighted passages cited in the Supplemental Motion.
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