Gomez v. Acquistapace

Opinion

YEGAN, J.

Jose Luis Gomez choked to death at work when his clothing became tangled in a powered posthole digger. A few days later his employer destroyed the posthole digger. Maria G. Gomez (Gomez), Jose’s widow, sued the employer for negligent and intentional spoliation of evidence, alleging that destruction of the posthole digger prevented her from recovering damages in a third party action against its manufacturer. She appeals from the trial court’s order granting the employer’s motion for summary judgment.

The trial court ruled the negligent spoliation cause of action was barred by…