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Spoliation of Evidence (homeowner tore down retaining walls)

by Kent Holland | Feb 7, 2022 | Newsletter Article

Where a homeowner filed suit against design professional and a contractor for defective services concerning extensive rock retaining walls they designed and built, the defendants move the trial court to dismiss the suit due to the fact that after filing suit, the...

Court Excludes Evidence of Subcontractor’s Workplace Safety Violations Because Deceased Worker Was Not its Employee

by Kent Holland | Jun 2, 2014 | Newsletter Article

By James N. Rhodes, Esq. ConstructionRisk Counsel, PLLC The Maryland Court of Appeals affirmed a trial court’s exclusion of expert testimony relating to the violation of state and federal workplace safety regulations, in a negligence action stemming from the fatal...

Spoliation of Evidence: Contractor Had no Duty to Preserve Concrete I-Beam that Fell and Caused Injuries

by Kent Holland | Mar 11, 2013 | Newsletter Article

Where employees were injured when a concrete I-Beam feel from a bridge, their employer destroyed the beam the following day.   The Illinois Supreme Court found there was no evidence to support the existence of a duty to preserve the I-beam because (1) there was no...

Spoliation of Evidence May (or May Not) Justify Dismissal of Lawsuit

by Kent Holland | May 2, 2011 | Newsletter Article

A sanction for spoliation (destruction) of evidence must be carefully considered to impose only such relief as is reasonably necessary to level the playing field between the plaintiff and defendant.  Where a trial court barred a project owner from presenting expert...

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