Taylor Swift has headed back to court in her sexual assault legal battle with David Mueller, accusing the radio DJ of destroying key evidence in the case and demanding the judge sanction him immediately, RadarOnline.com has exclusively learned.
As Radar readers know, Mueller sued Swift and her team after he got fired from his job at the Colorado country music station 98.5 KYGO.
“Simply stated, the question before this Court is: Whether Plaintiff David Mueller’s loss or destruction of no less than two laptops, a cell phone, an iPad, and an external computer hard drive, at least five devices that contained relevant evidence potentially harmful to his case, constitutes spoliation requiring an adverse inference instruction to be given to the jury," Swift argued in court documents obtained by Radar.
The singer then alleged that the devices were destroyed after Mueller filed his suit, demanding the judge sanction the DJ for destroying key evidence in the case.
“Mueller’s deliberate act of destroying and failing to preserve critical evidence relevant to his claims constitutes sanctionable spoliation," the documents state. “Mueller failed to preserve the cell phone that likely held the entire recording, the laptop that the entire recording was transferred to, and the back-up hard drive that also contained a copy of the entire recording.”.
As readers know, the scandal first erupted when Mueller attended a meet-and-greet event Swift’s concert in June 2013. While backstage in front of the singer, he explained in court papers, that both he and his girlfriend complimented Swift and then took photos with her and received autographs.
Mueller said the interaction went great and the singer “remained pleasant as she bid them goodbye.”
However, things took a shocking turn for the worse when the singer’s bodyguard approached the radio DJ later that night and accused him of grabbing Swift’s butt while they posed for their photo together.
Mueller said he was then kicked out of the venue and eventually fired him as a result of Swift and her team’s accusations.
He filed suit demanding unspecified damages, and Swift fired back with a lawsuit of her own.
Swift claimed that at no time was she aware of Mueller’s contract with the radio station and did not interfere with his employment.
The pair’s war of words escalated on May 5, when Swift demanded the judge not allow Mueller to try and present evidence that he will be damaged to the tune of $2.9 million due to his belief she got him fired.
Swift explained in her legal filing that the DJ has proposed an expert witness, Jeffrey B. Opp, to testify during the trial about the amount of lost wages Mueller will lose in the next 15 years due to the incident.
Opp, a principal at Opp & Company, Inc., a financial and litigation consulting firm, reported Mueller’s loss would amount to $2,916,637.
Swift countered that courts have previously excluded Opp’s expert testimony in other cases and that it should similarly be excluded in her fight with Mueller because he lacks proper qualifications and his opinions are not based on facts.
The singer also pointed out Opp’s report on the estimated lost wages is based on if Mueller had worked at KYGO — the station that fired him — for 10 to 15 years, despite the fact he had only a two-year contract with the station and has had a checkered employment history.
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