When It Comes to eDiscovery, Even Walmart Can Get It Wrong
Posted by Christine Taylor (Network Computing)
October 12, 2009
Mimosa Systems’ excellent (and entertaining) Know-It-All Guide recently reminded me of an older but still relevant case, Testa vs. Walmart. The mid-90s case is still relevant because the same practices that led to Walmart’s loss happen every day in business. The settlement was small at $50K and Walmart could readily afford it, but do you really want to go there by making the same mistake they did?
Here is a short summary. In 1993 Louis R. Testa drove up to a Walmart loading dock. The dock was coated with ice but Testa gamely delivered his load of tropical fish with a dock worker’s help. Sadly he slipped and fell on the ice and threatened to sue right then and there. The Walmart employee alerted his supervisors who ordered a full investigation. The finished report included photos of the ramp, a description of events and Testa’s threat to sue.
