Question
LONG ANSWER: Your client is the plaintiff in a workers' compensationcase. She was injured in 2008 in state A. In 2010,her employer destroyed all the
LONG ANSWER: Your client is the plaintiff in a workers' compensationcase. She was injured in 2008 in state A. In 2010,her employer destroyed all the business records relating to the client. The destruction of the records wasapparently accidental, not intentional. They weredestroyed, however, while the client's workers' compensation claim was pending.You have located the following authority, all of whichis directly related to the issues raised by the facts ofthe client's case:
Idle v. City Co.a 1995 decision by the highest court of state A in which the court createda cause of action in tort for the wrongfuldestruction of business records. The courtruled that a cause of action exists if the recordswere destroyed in anticipation of or while aworkers' compensation claim was pending.
The court also held that a cause of actionexists if the destruction was intentional ornegligent.
a) Is this source primary or secondary authority? Explain your answer (2-3 sentences)
b) Is this source mandatory or persuasive authority? Explain your answer (2-3 sentences)
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