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Cause of Action for Negligent Spoliation of Evidence Recognized in Connecticut

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From Basso v. Boston Scientific Corp., 2008 Conn. Super. LEXIS 3020 (Conn. Super. Ct. Nov. 21, 2008):

The hospital ... moves to strike counts seven and eight on the grounds that Connecticut does not recognize the tort of negligent spoliation of evidence. Although at least two Superior Court judges have ruled that a plaintiff cannot proceed on a claim for negligent spoliation of evidence, see Reilly v. D'Errico, Superior Court, judicial district of New Haven, Docket No. CV 93 0346095 (September 22, 1994, Hartmere, J.) [12 Conn. L. Rptr. 457]; Regency Coachworks, Inc. v. General Motors Corp., Superior Court, judicial district of Hartford, Docket No. CV 95 554389 (June 26, 1996, Wagner, J.) [17 Conn. L. Rptr. 245], no appellate court has directly addressed the issue. Nevertheless, the Connecticut Supreme Court has recently ruled that intentional spoliation of evidence is a cognizable claim in this state. Rizzuto v. Davidson Ladders, Inc., 280 Conn. 225, 905 A.2d 1165 (2006). Since the previously cited Superior Court cases were both decided before Rizzuto, they are of limited value in assisting this court to determine whether our Supreme Court would now recognize the tort of negligent spoliation of evidence. ***

Given the fact that our Supreme Court has recently endorsed claims for intentional spoliation of evidence, with quoted language from a negligent spoliation case [Residential Funding Corp. v. DeGeorge Financial, 306 F.3d 99, 108 (2d Cir. 2002)], as well as the case law supporting negligent spoliation claims from other jurisdictions, this court is willing to allow the negligent spoliation cause of action to continue so long as the plaintiff has properly pleaded the tort's elements. ***This court finds that the plaintiff has properly pleaded that the hospital had knowledge of potential impending litigation and voluntarily assumed a duty of care when the hospital's employee agreed to safeguard the basket. Accordingly, the hospital's motion to strike counts seven and eight is denied.

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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