Question
Facts Client suffered serious injuries at work when she fell 30 feet off a conveyor designed to carry employees from one work level to another.
Facts
Client suffered serious injuries at work when she fell 30 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 25 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.
Questions
The following questions are designed to determine whether there is a possible cause of action against the employer for disposing of the conveyor parts and thus frustrating any tort claims against the manufacturers, distributors, and such of the conveyors. In essence, the actions of the employer involve interference with property rights (the right to bring a lawsuit) and the spoiling of evidence.
A. What section of Am. Jur. 2d addresses this topic?
B. Give the citation to a 1987 Kansas case that addresses this topic.
C. Locate a 2000 A.B.A. Journal article on the destruction of evidence.
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