Pasiecznik v. Home Depot USA, Inc. — 9th Cir. (argued August 11, 2026)
The Ninth Circuit reviews summary judgment for Home Depot in William Pasiecznik's negligence suit. He says a store employee assaulted him in a Las Vegas parking lot and caused spinal and other injuries. Summary judgment ends a case without trial when no genuine dispute of material fact remains. The district court found his account contradicted by photographs and immediate medical records, and found no admissible evidence linking later injuries to the incident. Pasiecznik says the court judged credibility and ignored treating-doctor evidence. Under Rule 26, a treating doctor may give opinions formed during treatment with a shorter disclosure; a litigation opinion generally requires a full expert report. The parties dispute which kind of causation opinion Doctor Muir offered. They also dispute spoliation, the loss or destruction of evidence a party had a duty to preserve, involving alleged surveillance video.
Pasiecznik v. Home Depot USA, Inc. (No. 25-2235) — U.S. Court of Appeals for the Ninth Circuit, argued August 11, 2026.
- 0:00Introduction
- 1:13Jerome Bowen for William Pasiecznik
- 18:18Counsel for Home Depot