Voellinger v. Dow

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we examine whether or to what extent the Division of Criminal Justice (the Division) may be found liable for losing or destroying evidence properly seized years earlier during a criminal investigation. Although we affirm the dismissal of plaintiffs’ action, we reject the trial judge’s determination that plaintiffs were limited to a claim of replevin and conclude that the judge should have applied bailment principles, which in these circumstances imposed a gross negligence standard, that the Division did not breach.

Plaintiff…