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Day on Torts

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Another Spoliation Case

The Supreme Court of Connecticut recently determined that a cause of action exists for intentional spoliation of evidence. Plaintiff was hurt in a ladder incident (it collapsed), filed suit, and repeated asked the defendant to preserve the ladder and requested the opportunity to inspect it.  Defendant’s expert examined the ladder,…

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Case Dismissed for Spoliation

Plaintiff filed a wrongful discharge and whistle-blower suit against his employer.  The employer sent him a letter advising him to preserve all data on his company-issued laptop (which Plaintiff retained in his position for a period of time after the litigation began).  Plaintiff destroyed 2200 personal files of data before…

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Rule 11 Application Denied in Pre-Judgment Interest Case

On June 21, 2006 I wrote a post about the status of prejudgment interest in Tennessee. The recent case featured in that post was Francois v. Willis, No. M2005-01263-COA-R3-CV (June 6, 2006).  The Tennessee Supreme Court has denied the plaintiff’s Rule 11 Application in the case. So, is prejudgment interest…

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Vermont Supreme Court Allows Wrongful Death Recovery for Death of a Sibling

The Supreme Court of Vermont has held that the sibling of a decedent may maintain a wrongful death suit seeking damages for loss of companionship where the sibling is the "next of kin." The Vermont statute provides that in a wrongful death case the court  jury may "give such damages…

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