Negligence – Spoliation
1Elements and Case Citations
To succeed on a spoliation motion, the moving party must show that:
- The party having control over the evidence had an obligation to preserve it at the time it was destroyed;
- The evidence was destroyed with a culpable state of mind; and
- The destroyed evidence was relevant to the party’s claim or defense such that a reasonable trier of fact could find it would support that claim or defense.
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- The rest of the elements for this cause of action;
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- The statute of limitations; and
- The defenses to this cause of action.
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