Meyn v. State

SNELL, Justice.

This case raises the question whether we should recognize its merit and create a new cause of action based on negligent spoliation of evidence. The evidence destroyed was a prosthesis inserted in plaintiffs knee during surgery. Plaintiff claims he wanted to keep the original prosthesis for evidence in a lawsuit after its replacement by a second prosthesis.

The district court granted the State’s motion to dismiss. We affirm.

I. Factual and Procedural Background

In July 1988, the plaintiff, Richard Meyn, had knee replacement surgery performed at a Cedar Rapids hospital. Meyn…