Gotti, evidence, case law, remailer practices, civil cases, civility. Was: Re: Spoilation, escrows, courts, pigs.

[Jim Choate]

On Wed, 1 Aug 2001, Black Unicorn wrote:

> For spoliation as an independent cause of action in tort (not to mention the
> criminal sanctions that can attach through obstruction) See: Bondu v. Gurvich,
> 473 So.2d 1307 (1985).  Medical malpractice case in which court rules that the
> loss (not destruction) of medical records related to the claim constituted
> spoliation of evidence.  (Note: no willful destruction was shown, mere
> negligence and the records were "lost" by actions prior to the commencement of
> the proceedings).

I'll bet there was more than simple 'loss' with regard to the records.
I'll bet there was other evidence indicating 'intent'.

> See also: Hirsch v. General Motors, 628 A.2d 1108 (1993).
> Products liability case- vehicle caught fire, was refurbished, sold, then
> "lost" to an unknown purchaser.  Only then did Plaintiffs file a suit against
> General Motors and the dealer who sold them the car.  Court held the "loss" of
> the car constituted spoliation of evidence.  (Note that no proceeding for
> products liability had been pending when the car was resold).

Ditto.

> Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in
> whole or in part, with any civil investigative demand duly and properly made
> under the Antitrust Civil Process Act, willfully withholds, misrepresents,
> removes from any place, conceals, covers up, destroys, mutilates, alters, or
> by other means falsifies any documentary material, answers to written
> interrogatories, or oral testimony, which is the subject of such demand; or
> attempts to do so or solicits another to do so... [blah blah blah...] shall be
> fined under this title or imprisoned not more than five years, or both."

There's that 'intent' word again....

The test is not that somebody lost or destroyed something that eventualy
became evidence, but that the intended to do so.


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