Adventist Healthcare v. Mattingly

Adventist Healthcare, Inc., et al. v. Susan M. Mattingly, No. 2104, Sept. Term 2018. Opinion filed on January 29, 2020, by Berger, J. SPOLIATION The lawful cremation of a family member’s remains is not an “act of destruction” in the spoliation context, nor did a mother’s decision to cremate her son’s remains evince an intent to destroy evidence. When an individual who has authority to make decisions about the appropriate disposition of a decedent’s remains chooses to obtain a private autopsy and subsequently have the remains cremated, the person with authority has no duty to preserve evidence…