Baugher v. Gates Rubber Co., Inc.

CRANE, Judge.

Defendant, The Gates Rubber Company, Inc. [Gates], appeals the dismissal with prejudice of its cross-claim against defendant The Hartford Insurance Company [Hartford] for spoliation of evidence. Gates had alleged that it was entitled to damages because Hartford’s employees had either negligently or intentionally lost or destroyed a part from a Gates-manufactured crimping machine which had allegedly caused plaintiffs injuries. The trial court found that the spoliation claim failed to state a cause of action which has been or will be recognized in this state.

We affirm the judgment…