The Liability of No Integrity - How Steven Hatfield and Bret Gordon Tried (and Failed) to Steal a Lineage (Part One)
After a long year of silence, watching and waiting I'm back. And you know what? To me the wait was worth it. I was able to meet and speak to a lot of great people and learn quite a lot about things I never knew regarding the Korean arts. One could almost say I have become sort of a....living historian of sorts regarding the history of Jidokwan and other systems I've never trained in. However as we all know that can apply to a lot of people both without....and with....an Asian connection.
Who was I watching you ask? Why everyone's favorite dynamic duo. "Kaiso" Bret Gordon and "Kaiso" Steven Hatfield. With all the information that spewed just from Gordon's blog and social media I suspect he gained quite a bit of confidence in filing a lawsuit and coming for the big, bad Gerald and Lordus. Aptly he even called out Dr. Dale Dugas as you all well know claiming he was yours truly and also Lordus.....and like twelve other people. Lordus summed it up nicely asking if Gordon believed Dugas was a schizophrenic of some sort.
Wonders never cease, do they?
To everyone who has watched this debacle play out from the beginning it would seem that there is a never-ending slew of information which comes out of nowhere on these two men and the stories they tell. From defending lies even when caught, to their rampant changes in their style and organizational histories, it seems that each dip, tuck and dive is akin to someone being on fire and doing the old "stop, drop and roll" routine while simultaneously being slung about inside of a washing machine on the highest setting.
Yes, the story of USAMA, American Jidokwan Association, and American Yoshinkan Aikijujutsu has truly been one hell of a ride. But as with all things I can't spend my life wasting away researching and debunking every single claim made by Bret Gordon and his sensei/father/mentor/whatever he is now, Steven Hatfield.
What I can do, however, is present to you now the information I have collected on the AJA as they claimed it. And, to any who have been paying attention Lordus Sapiens himself has been also covering the recent changes on their information as it happens. I have to hand it to Gordon. Not many people can simultaneously heap praises and within months valiantly defame and disparage the reputations of those who he championed as visionaries to his cause. It takes a certain skill level to absolutely defame and slander an entire legacy, piss off every black belt in the organization who has a direct link to one of the three men he claimed links to and call them liars when having been there they all as one said Wild Bill himself was never, ever present.
Seems Bill wasn't present for a lot of things. Like, his kids. Add to it, one can see if this is indeed the son of Bill Sirbaugh himself, well his son is doing a 48 month stretch for the crime in the link.
From calling Mrs. Kay Fuzy, the widow of EA Fuzy, and his student Master Ed Mathna liars, Gordon at one point heralded Master Charles Buddy Brown as his go-to link to Fuzy. This is something he has tried very hard to maintain for months since the entire story of Patrick Justice came out. From that point the truth about a lot of their claims began to pour out. Sirbaugh was found to have NOT been around Fuzy, Herrington or Moore in like....ever. So naturally they sought out others who would in their mind champion their cause and in turn defame them just as fast.
This would include Jim Endrizzi, a legitimate master and senior ranking black belt under Curtis Herrington and additionally the daughter of Herrington himself, Carrie. And yes, he has even turned on Master Brown after "offering him rank recognition in their organization." Sorry to burst Bret's bubble, Master Brown and I talked about this very thing and he laughed at the notion of them even giving him anything.
I am not going to rehash every single detail. No, you can read it on Lordus' blog if you choose, or the articles where myself and HK have covered this saga in detail. Why, being the press corps as Bret calls us is a round the clock job. We never know which way he will go! He's like a hamster with a 360 degree wheel....it could spin anywhere!
And so now, dear readers, allow me to give to you the statements as made by those in the know. The ones who were there under Fuzy, Herrington, Moore and the seniors. They tell the tale as it was meant to be. And they all show without fail and leave no doubt the stories of one William Sirbaugh being involved are less real than the existence of Sinanju, the Sun Art itself championed by my favorite sensei of all time, Chiun.
No, he was never there. Why, even Gordon has begun to cast doubt on Fuzy as well. Makes one wonder why he spent so much time trying to tie Sirbaugh to him over....and over....and over again....
And so ladies and gentlemen, let us start. From here it is no longer my tale to tell. No, instead I turn the floor over to the men and women who were there. The same ones who are now being told they're all wrong. Yes, the people who Gordon bravely called into question the character and memories of. It is, after all, only fair to allow them to tell their story and set the record straight. And Gordon shouldn't worry about the minor details in this. Why, integrity and honesty were never and have never been his strong suits. One could say they are broad terms....vague even.
The Liability of No Integrity - How Steven Hatfield and Bret Gordon Tried (and Failed) to Steal a Lineage
Part One
By Gerald J. Greysmith
It takes balls of steel to stand up and call masters of a lineage you seek to identify with liars when they tell the hard truths you don't want others to hear. And as it stands Bret Gordon, acting as the mouthpiece for his sensei Steven Hatfield has once again shown just how big he believes his are. He has stood by and called everyone from Master Mathna, to Master Brown, to the widow of Fuzy himself liars. And despite the overwhelming evidence that Sirbaugh just was not there ever Gordon has held on to this through his own AJA site multiple times until recently.
What changed?
Well, I believe as do others that it appears that Gordon has found he has no further foothold on the matter and so with that he has had to shift his organization to being linked to Korea ONLY. And boy, howdy, does he do that as often as he can. Why, he parades those papers about as if they were his only remaining link to Jidokwan history.
Because they are. And here lies the issue. And Gordon, since I know you'll read this or at the very least skim it, allow me to please put this in large text and bold writing for you.
No one cares that you claim Jidokwan or a link to Korea. The issue here is that you made a claim to be a part of a lineage that has never heard of you, nor wants you. That in itself is the lie and the fraudulent method you have used to bolster your own credentials and that of your teacher. This is one of several reasons you get called a liar, a fraud, and the like. Claim Jidokwan all you want. But don't lie about a link to something that is proven isn't there.
It is painfully obvious at this point that William Sirbaugh was never involved with the men who would bring Ohio Jidokwan into existence. A recent phone call with a gentleman who is working on a series of historical books related to martial arts as they began here in America after Robert Trias finds, too, that no evidence exists that a William Sirbaugh was ever in the group at the times Gordon has claimed. As a matter of fact, were he there AND been as senior as they claimed, he would have been a member of something known as "Society."
To add some context, Society was essentially the elite students of the schools who were both Jidokwan under the founders, and also from other schools who were friends or affiliates in some way, and they would get together for advanced training. As Master Brown would inform me it was a place where they would be able to test themselves in a more rough and tumble way. Such was the training back in the 1960s through the early 1990s. Believe me, I've met several students from those days and even now I'd be nervous to face some of them.
Do you know who's name is seemingly absent from this?
How much it must have pained Wild Bill to not get a mention or an invite to this fraternity when he was seemingly so involved in the organization and furthering of Jidokwan Karate or some other variant in the Ohio area.
Tsk, tsk. I'm sure Gordon will swear they altered the records somehow or, dare I say it, just acted as though poor old Sorbet was never a part of the legacy of Fuzy, Moore or Herrington.
What he should be saying is that Sirbaugh was ne(and I mean ever)ver a part of the Ohio Jidokwan. He was never a senior to Master Brown. And he was not once present with these men. None of them knew him. Not even Herrington's daughter or his Herrington's son Nathan. Mind you according to those in the know she was four or five years old at the time they claimed Sirbaugh was there. And according to sources her and her brother's mother, Gretchen, would not allow them to train hardly if at all. I think in regards to this young lady Gordon and Hatfield took advantage of her wanting a connection to her late father and jumped on the opportunity to bring her in before she knew full well who they were. And I'm almost positive that after she realized what she had stepped into she didn't want to be a part of it. She is now one more person in a long line of those they duo have used to fit their own ends.
Hence, the lack of integrity. I mean, just don't say anything about what has been proven before, right?
Master Ed Mathna Speaks
I want to take a moment before I turn the floor over to Master Mathna by stating that without his help, and the help of a few others, I would never have been able to complete this research. Master Mathna has been stressed by this entire debacle and I believe at the very least his story and his statement needs to be heard.
To his students and contemporaries I say you are all blessed to be a part of this lineage under him. He truly is a good and honest man. His statement is a bit lengthy but I present it here, as is his request, for all to see, view and read.
From Ed Mathna:
I would like to say something that is not fair to some of the people that got caught up in this BS. I am not a big fan of the personal attacks. Carrie, Jim, Charlie, and Bret’s new wife should have never been brought up. Without the facts it is pure speculation. Jim and Carrie got caught up in something they did not know about.
Once I was told about Jim and Carrie post on their website. I contacted Jim on what was really going on. It is true we had a falling out with Jim. When I called him. The first thing that came out of his mouth was a heart felt apoligy during that call and numorous other calls he would apoligize again and again. Once he was filled in on things you notice he did not want anything to do with these guys. He stated in one statement he did not know these guys. His mistake is assuming that these guys were real Ohio Ji Do Kwan or American Ji Do Kwan. After all why would he not believe them. The story sonded good to him. He got trashed by others. He had to pull down a facebook post because of the online attacks he and Carrie took. Carrie stuff got posted again before she knew the real story. She called Grandmaster Mary Kay Fuzy. After they got all their info they then came out to claim they have no knowledge of them. Carrie did her research. Jim did his research. This is what research can do. Brings out the truth. None of the attacks is warrented. No matter how they want to twist and turn statements. Regardless of what they want to post about Endrizzi and Carrie. They want to now attack them for what they may have said. BUT. The bottom line is they do not know them. Period. So it really does not matter what else they want to claim after that. They just thought the story they were told was true. You know honor and integrety in the arts kind of thing. Jim is a truck driver works long hours during the week. Spends time on the weekend with his grandkids. And for this he got skewered because he did not answer fast enough to some of their claims. Not everyone have the time to respond to all the crap that was put out there. He would have answer some of their statements if it was not for the attacks. He was going to put something together on his timeline not theirs. I do not blame him at all with the blindside that happened to him why would he even want to make a statement. I ask all if the shoe was on the other foot how would they like it that they drag your wife into this shit. Not my style at all.
When it comes to OJDK Grand Master Mary Kay Fuzy has the legal rights to it. Refer to our home page. Grand Master E.A. Fuzy was mocked over what they stated about his history. All of our black belts in OJDK and AJDK were called liars. Nothing like being humble guys, nothing like showing your integerty. When we sepparated from OJDK he kept the rights to it but he never forced any of the black belts that did not join AJDK to remove their patches. They earned the right to the patch. The patch was not given a way like candy. Any person who trained under a OJDK received rank in their system. They have their paper work on their system. I have a black belt certificate from Endrizzi from one his black belt certificate states JI DO KWAN KARATE ASSOCIATION the certificate does not say Ohio Ji Do Kwan anyware. It also does not reference to American Ji Do Kwan any place. I would post it but now I see people like to forge documents. Honorable practitioners would never do that.
For all the Martial Artist that always want to stand on Honor, Integreiy of the arts stay on the facts. With these guys they are like a little kid who has chocolate all over their face and you ask them if they got into the cake. Regardless of the facts that you got them red handed. They will stay on the story and change it over and over again. Do you see a pattern yet? A person that goes by Lordus Sapiens has proved to a point that they never were in our system. Very detailed. https://
They came out and called Grandmaster Mary Kay Fuzy and Myself for not telling the truth by saying something as stupid as in my case the statement from one person does not mean he is telling the truth just trying to protect his instructors legacy. That is like saying I seen this guy raping a child and I am the only witness that is not good enough. Let out all prisoners because with that logic a witness is not good enough. It made me fell like ok I have no clue what was going on in our organization. Everyone in our organization including people outside of our organization have come to our defense once they are shown the facts. IE… Master Jim Endrizzi, Carrie, Grand Master Charlie Brown, Sensei Ferring, Grand Master Horn. Sensei Bob Busser. Sensei Jason Smith, Nathan Herrrington. Per Nathan guess who tried to call him. Yep no other than Hatfield himself. Nathan was smart enough not to answer the call.
We have come out as an organization and adamantly stated they have no ties what so ever with us. What else can we do?
We had to spend money on creating a website just to get our story out there. I was fielding calls like crazy that we had this president that was a pedophile. How that made us look was really bad. You think they would issue an apology to us over this. NOPE nothing. Honorable and Integrity black belts would have made an official apology.
Their constant change in history show how much they want to keep their story together. What is it all about I have no real clue. As you can see they are now moving the story again. The step father is now a grandmaster how does that happen when he is dead. They are invested in this story and need to keep it going to keep face with the clan of followers that they have. I am using their word CLAN. They stated they do not want anything to do with us. They open this can of worms we have been patient for years. And if their followers were smart they would understand the facts do their research. How can you possibly keep your story going after all the facts are out. Main character in their article was in prison during the period they want to claim he trained with us. We all know history does not change as much as they keep changing their history. Can you imagine if WWII history was changed. They twist everything to met a narrative. With their thinking WWII was won by the Germans. NOTE: Our history did not change. Period. They changed their history for this topic OVER AND OVER AGAIN. I lost count after 6 times. Maybe someone have a head count on their ever ending changes and want to put out a story line to show all of those changes. It is unreal. This many changes start to show how they keep manipulating their story. Red flag. A real story do not have that many changes. Not how history works.
If they never tied us to a pedophile we would have never even know about these guys.
Again look at all their changes and how they keep trying to fit that puzzle piece into their narrative that they made. They must keep it going. The followers will start to notice their narrative keeps changing why??? Again we did not change our story not once. No need to when you have the truth.
They do not need us to create ties to their version. They can just move on with their own story and leave us out of their mouth. They never met any of our founders. Period. Cannot make it anymore clearer. They have gotten in to a trap by using Grand Master Brown, Jim Endrizzi, and Carrie. People with no ties to AJDK. Period. To make a statement that maybe just maybe a slight mention of a name is proof that this guy was a training partner of Grand Master E. A. Fuzy. I was there I know all of Grand Master E. A. Fuzy’s training partners were. He talked about them all the time. And prior to me Grand Master Mary Kay Fuzy was there. I have more from before Grand Master Mary Kay’s time frame they also do not know them. The more I put out there the more they twist and turn things to fit their story.
I have documents from Moore with all of his elite martial artist from that era. They were part of a special work out group. You had to be an elite martial artist to be part of this group. I sent this list of names to a few group that have been pushing this narrative that they trained with us. And Guess what they were not on that list. If they were so special in our organization they would be on this list for sure. The names on this list is everyone who was anyone at that time. Shoot Charlie Brown was shocked to know I had that list of name. He was in this group during the tail end of it. If their guys were well known at all in our system their name would be on that list for sure. This is not a made up story. Everything I have is records of ours. We kept great records. NO lost records. They go back into the 60s. I have gone through all of our promotion records. Again guess what? No mention of the guys mentioned in their training with us. PERIOD…No one in Moore era, Herrington era, or Fuzy era. What else do we have to prove. It is never ending.
How can you make claim to being a training partner of Grandmaster Fuzy to now Herrington, and Moore with NO records of rank? This is a fact. They have tried to tie three different people to us. And look those three names are the only ones we do not have. I would think if we lost maybe one name but all three. Nope did not happen. They just do not exist.
Keep in mind I have all the certificates I know what they look like so if a fake one pops up I will know. The certificate that Moore put out from his era of being in Ohio is different from anyone that was posted. I have the original format of our OJDK and AJDK certificates. I have all improvements made. It is easy for us to get. We have used the same professional printer. Our certificates were not done on a home computer. Black belts got poster size certificates.
I ask everyone here to go to our website https://americanjidokwan.net/.
They like to toss up their paper work up like crazy to prove their point. Guess what paper work they do not have. Anything with our founding fathers signatures on it. Red Flag. Why. My guess is pure speculation is because of all the articles online. Does know one find it strange that all names they have shown as their masters or grandmaster have died? No way to go back to prove the facts. Their mistake was when they went to tie themselves to us they did not anticipate a showing of what they received from an active group.
Another issue is when they started to make claims to trying to get back into OJDK connection with Jim Endrizzi. And tried to use a brand new OJDK patch and state it was worn by their so called instructor. Amazing they have a patch and no paper work. They keep everything if there was such a thing they sure would have saved everyone including themselves a lot of pain. This stuff could have ended years ago show your paper work in our system. After all these years they still cannot produce anything. Another red flag.
They made another mistake posting the patch. They made claim it was worn. I challenged anyone to take off their patches after years of training and take a photo of them they will never look like the one they posted. No stitching to show of, no wrinkles in the patch going through the wash. The patch dates them. We went trough multiple changes on the patch over the years. The old timers know this. I know the dates. And have photos of all the design.
Can they tell me the version they have? 1,2,3,4,5,or 6 I know this patch ties them to one era and one era only. But lets be clear having a patch does not mean you trained. Now the fun part they claim the patch. Now if they come up with a certificate it has to match the date of the patch. Since we had various version over the years. This could be interesting the odds of them matching this would be cool to see.
Can they tell me the date of the patch and when it was produced. I can. How they got that patch I can only speculate. Endrizzi, Carrie, or they just purchased one online. Grand Master Mary Kay Fuzy have old new stock of those patches. Again once the truth got out they go into re-writing mode.
We have not re-written anything. Why? When you tell the truth you only have one story. When you don’t thing get harder and harder to back up. They were told a long time ago by Greysmith to tell the truth. https://
I cannot tell you how many times I was approached by black belts at tournaments or a seminars. Young black belts want to brag to say how hard their test was. Humble black belts will just listen with a smile. Some really earn them. I have them come to me and say I had to spar my instructor for two hours. Boom you’re a black belt. Some have received theirs from being great competitors. Boom you‘re a black belt. Some are just gifted theirs. The gifted black belts have no story to tell. When people discuss their test the gifted black belts have no story to tell they will be quite or they steal a story they heard.
Our test has changed a bit but the basic is still the same. Test 3 hours on Mon. – Thurs. And you think that may be hard. But you then have a test on Sat. or Sun. for 10 to 14 hours. During this portion you spend 2 hours on advance line movement, 4 hours on the 120lb heavy bag, 4 hours on kata, and 4 hours full contact waza. That is correct full contact. That is an average. The time spent on each one section is up to the tester on how well they do. Now this next statement is for all those that have tested under us. What is the one statement you never want to hear on your test? In-effective do it again. Argggg. Those words make me cringe. Grand Master Fuzy flashback. When you start your test we know you can do it. We want to see your mental make up when you are so exhausted. Only one person quit on the test. Never to be seen again. Only one not to bad for all the years.
Without getting into details on my test. It was the same for my week of testing. My weekend testing was scheduled for Sat. at 8 am. I lived just two blocks away. I received a phone call at 2am in the morning from Sensei June Taffs. I thought something happened and they were calling to cancel my test. That was not the case. I was told I have 20 minutes to get to the school or I fail. I was told this was done because I was an uki on a black belt test and I seen all their tricks to mess with the mind. So I tested on two hours sleep.
Note how a lot of their ranks was given to them. Just another red flag. Without them tying themselves to our legacy they would never gotten those Jidokwan certificates. They know we sent a cease and desist letter to them. They also know I sent that letter to Korea to every Ji Do Kwan foundation I could find. I had help with that one. I also sent them all the websites so they can do their own investigation on them. If they do something fine if not I sent them the facts. They have no roots to our legacy. Without the claims they would have no ties to Ji Do Kwan. On our homepage you will see at the end all the stories out there on this topic. That is there so people can make up their own minds and also so the world can see and do their own research on this topic. I will continue to post on the homepage all the websites. I will update the homepage to show more of those websites. They will be located at the end of the homepages
If they really like to stop all of this they can stop what they are doing take down all mention of US, on their blogs website and Facebook. That would be a lot of work for them and they would have to explain it all.
I can say from seeing all the posts on them their challenges they would toss out. They always cancel for one reason or another. Nothing happens why? I like the old saying I don’t have a gi. Cannot tell you how many times I heard that one. Guess what the guy on the street is not going to wait for you to go change. If someone came into our school and made those statements that were told lets go, we don’t need a gi to fight.
I had a guy come to the school and try start shit like to say how tough they are and before I could answer Grandmaster Fuzy came out of the office to let him come on the mat to show us what he has to offer. Just one example. Of course he did not except the initial challenge. They rarely do. They are deer in the headlights when someone does that.
We have always had an open door policy to challenges. I know of one that was excepted. He was a person from Hawaii trained while living there under Bruce Lee system. He came to Ohio to find a place to train and check out the competition. He stated this is how he finds out if the school is real or not. He wanted to fight that was for certain. Grand Master Fuzy had the guy sign a waiver. And on the floor he was very cocky. Then Grand Master Fuzy picked a few of his brown belts to spar with him. With the conditions when you hit him he better hit the floor. “No one comes to this school and challenges us”. PERIOD. Oh did I say he was a black belt. A black belt that got his ass handed to him by brown belts.
We did not hurt him too bad. We did as we were told. His skills were good. But not as good as he thought. He fought four of us one at a time. He left with his tail between his legs. He stated he never knew browns belts that was this good. We just smiled and bowed him out. I am sure he never tried that stunt again at any school.
The above was pulled from them and their blog. Per our website they have no rights to post anything without our permission. It is clearly stated at the bottom of our website. But the more they use from our site without permission is more ammo for us to use if we want to push the legal end of things. Sorry that is just another fact. I feel no pressure or care how they established their credentials except for their claims to US.
PS. On another topic. I have been attacked for my spelling of names. I apologize for my spelling errors. I have a flaw. Sorry. LOL… Anyone that know me. Know how bad I am at it. Just telling the truth. LOL…
Thank you for reading this.
Master Ed Mathna/ Ed Mathna to those not in the arts.
The Proof is in the Pudding Flavored Milkshake
And there you have it folks. Master Mathna has made it clear here that they are not only liars, but one should approach any training with them with caution. Even more striking is the fact that he, along with others I have spoken to, have provided not only testimony but a ton of evidence to show that Gordon and Hatfield have lied many times about their lineage to Fuzy, Moore or Herrington.
Even worse still? This is only the first testimony I have released. I've been sent many.
Yes, it truly takes a special skill level to piss off more than a few people. Why, Gordon and his teacher have managed to do it to students who's connection is almost older than both of them together in some cases.
My question is now....if Sirbaugh was a part of this then why are these people all saying no? And why would Gordon call them liars if there is substantial (and by that I mean overwhelming) proof that he was never around these men and women? I guess time will tell. And as this article series continues over the coming months I will say the proof about Jidokwan is not the only thing collected.
No. I sat quiet for a year for a specific reason. Gordon wanted to sue people for calling him and his associates on their proverbial bullshit. From handing out "rank and style recognition" in arts they have no affiliation to (Combat Krav Maga comes to mind) to defending the actions of those who have hurt children....well, it was just easier to let him talk.
Truly Bret Gordon is a good asset to have. He will always show you what he has up his sleeve. Ever the Poker player he remains a true living historian. He will seek the information he needs to tell his tale and by goodness twist it like Silly Putty to make it fit in to any shaped hole he needs it to.
Now I wonder if he is going to call an entire organization liars this time? I wonder....no, best I not.
He'll just prove me right.
I'm still waiting for him to prove that his "founder" of his Brazilian Yoshinkan Aikijudo didn't die strangling himself while making the face one makes smelling vinegar. I mean, Gordon sued Dr. Dugas over slander and defamation. By all means maybe Yutashi's family will do the same to HK and me. After all can it be proven he didn't die hanging in a closet having sexual relations with his hand?
Yeah. Probably not going to happen. Why? Because Gordon can't prove Yutashi's existence anymore than he can prove a link to Ohio Jidokwan. Nor can Hatfield. And Hatfield lives in Ohio. And no number of red belts with cheaply inlaid gold threading is going to help the case no matter who they yeet and scream wore it. Every change they have attempted has blown up in their faces and they now have resorted to petty insults at the very people they asked to help them "verify their histories."
\But hey, we got a lot of time ahead of us to tell those tales. And believe me when I say this....they're coming. Maybe it's time to allow each of them in turn to tell their side of the story against Gordon's and Hatfield's. Goodness knows those two wouldn't have it. You can't even comment on his blog unless he approves it. Take a look at mine, HK's, or Lordus'....approval is not needed. I personally invite anyone who has been affected, notified or offended by this developing story to please visit our blogs and leave your responses. Good or bad, you will be heard.
We got nothing to hide and we actually welcome debate.
Now one can only stand and wonder what it would have been like if honesty had prevailed. That, my friends, is the liability of no integrity. Eventually your lies become like dead fish or drying shit. And it starts to stink.
Doctor Dale Brian Dugas aka Kungfu Bearded Mantis
ReplyDelete“Contra Spoliaterem Omnia Praesumuntur”
TO NOW INVISIBLE DALE DUGAS:
The notion that there exists a duty to preserve evidence relevant to a dispute, or potential dispute, is an ancient and well-documented common law principle.
That doctrine likely goes back as far as Roman law. “Contra Spoliaterem Omnia Praesumuntur” is a Latin phrase meaning everything most to his disadvantage is to be presumed against the destroyer. Essentially, the doctrine requires a party to preserve evidence when they know, or should know, that the evidence is likely to be relevant to pending or future litigation.
Today, the term spoliation of evidence is often used during the process of civil litigation. It arises when one side suspects or uncovers that the other party has deliberately, negligently or accidentally destroyed evidence relevant to the case.
Spoliated evidence can include: physical objects, photographs, documents, and electronically stored information “ESI” and intra-state meta data.
In tort actions, the danger of spoliating relevant evidence lies primarily with the defendant Dale Brian Dugas. The plaintiff (or victim of the tort) does not usually control the location of the harm or have the ability to quickly access and examine documents and physical evidence related to the cause of the incident.
The victim also has no control over actions by the defendant to fix or remediate the problem that caused the harm to begin with. If the defendant Dugas does not properly preserve evidence related to the initial harm, it does so at its own peril.
Risk management companies spend a great deal of time and energy counseling individuals on how to “implement litigation hold” protocols. The protocols kick in immediately after an event and are designed to identify, collect, and preserve evidence to reduce the likelihood of a successful spoliation claim.
When defendants like Dale B. Dugas don’t follow their own procedures, or give no thought to the issue, they make themselves vulnerable to “a claim of spoliation” and “a request for sanctions.”
The spoliation sword is double edged. A plaintiff and his counsel must also be mindful of their responsibility to preserve evidence. If a plaintiff has custody or control of evidence, they, too, run the risk of a spoliation claim if the necessary steps are not taken to prevent the loss or destruction of evidence. Inaction by the plaintiff can also result in adverse consequences.
An analysis of the opposing party’s defendant Dale Dugas willful or negligent destruction or alteration of evidence which may have been favorable to the plaintiff can uncover pivotal information crucial to the case.
Frank Report
ReplyDeletehttps://frankreport.com/2023/02/17/martial-arts-halls-of-fame-cheap-plentiful-and-bogus/