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

Asked over 1 year ago - 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?

Attorney answers (2)

  1. L. Maxwell Taylor

    Contributor Level 20

    1

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    Answered . Try searching the index for "spoliation of evidence."

  2. George Ellis Corson IV

    Pro

    Contributor Level 20

    Answered . 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... more

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