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What section of Am. Jur. 2d addresses the topic

Nitro, WV |

Client suffered serious injuries at work when she fell thirty feet off a conveyor designed to carry employees from one work level to another. She was injured when the conveyor malfunctioned and failed to stop when she reached the top of the lift. The conveyor had been in use for twenty-five years, and her employer replaced it the day after the accident. The employer dismantled the conveyor and disposed of many of the important parts. It appears that the employer intentionally disposed of the parts. The disposal of these parts may prejudice the client's ability to recover in any product liability lawsuits against the corporations involved in the manufacture, distribution, inspection, or servicing of the conveyor.

What section of Am. Jur. 2d addresses the topic?

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Attorney answers 2

Posted

Try searching the index for "spoliation of evidence."

Posted

Am. Jur. 2d is a legal treatise used in Law Schools and law offices to compare and contrast general legal theories. It is not a Primary Source of legal authority. The fact that you are asking about this source here just SCREAMS that you are a Law School Student who is not going to graduate. I am somewhat disappointed that you are incapable of evaluating and issue spotting a legal fact pattern independently. That is actually the whole point of law school; you are ultimately supposed to help your client when she walks in off the street with these facts. If you are as clueless as she, then why would you be worth more than a Paralegal who fills out forms?

The pattern presents crossover issues of Workers's Compensation/Negligent Maintenance/Product Liability/Spoliation of Evidence/Subrogation/Res Ipsa Loquitor. Now you can do your part and research EACH of the theories to determine how they interact. And do not ask us to do your homework again.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

L. Maxwell Taylor

L. Maxwell Taylor

Posted

Counsel, I have flagged this comment as objectionable. It's as disrespectful to the asker as your comment about the ponytail quite some time ago that was taken down. Evidently it doesn't take much to set you off.

George Ellis Corson IV

George Ellis Corson IV

Posted

I am sorry that my response offends you as much as Law School cheating offends me. I cannot please everyone.

Asker

Posted

I will be sure to send you an invitation to my graduation and will make a point to inform everyone how rude and inconsiderate you are. I was not cheating but seeking help and I am sure you had to ask questions when you yourself was in law school. You may take your rude comments and shove them and for your inormation I have aced every exam and every paper I have submitted to my professor. I further my research by asking questions to make sure I am on the right track. Thank you for being so disrespectful and ignorant.

George Ellis Corson IV

George Ellis Corson IV

Posted

I participate here to assist persons with actual legal issues. I am not a Law School Tutor, and you admit that you are a Law Student. Posing as a person needing legal advice, to complete a Law School assignment, strikes me as both unethical and inappropriate. Ignorance the state is not understanding something. I understand what you are doing, as well as the material that you are covering. Disrespectful is treating someone with a lack of respect. I do not respect what you are trying to do. I asked you not to do it again.

L. Maxwell Taylor

L. Maxwell Taylor

Posted

You could have asked if he was a law student and when he confessed you could have lectured him on ethics and cheating, counsel. He could equally have been a lay person with access to Am. Jur but no skill in analysis. The fact that your intuition about the asker's status was correct does not mean that you should have raked asker over the coals reflexively, which in my view is what you did. I too hate doing people's homework for them because it robs them of the opportunity to struggle. But I think we need to consider what happens if we unleash wrath on someone and then turn out to be wrong.

George Ellis Corson IV

George Ellis Corson IV

Posted

You are correct, and I apologized for offending you. i also know a Law Exam Fact Pattern when I see it. I do understand your point, and I WAS hasty, at the risk of prejudicial error. But I was also correct.

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