Jones v. O'Brien Tire & Battery Service Center, Inc.

The third-party plaintiff, O’Brien Tire and Battery Service Center, Inc. (O’Brien), filed an action in the circuit court of Madison County against the third-party defendants, Dave Macios, doing business as Sugar loaf Landscape Nursery, and Country Mutual Insurance Company (Country Mutual), seeking damages for negligent spoliation of evidence. The trial court granted Macios’ motion to dismiss and granted Country Mutual’s motion for judgment on the pleadings. We reverse and remand the cause for further proceedings.

According to O’Brien’s complaint, on September 27, 1994, Thomas Jones was killed…